34A-2-504 - Loss of hearing -- Extent of employer's liability.
34A-2-504. Loss of hearing -- Extent of employer's liability.
(1) An employer is liable only for the hearing loss of an employee that arises out of andin the course of the employee's employment for that employer.
(2) If previous occupational hearing loss or nonoccupational hearing impairment isestablished by competent evidence, the employer may not be liable for the prior hearing loss soestablished, whether or not compensation has previously been paid or awarded. The employer isliable only for the difference between the percentage of hearing loss presently established and thatpercentage of prior hearing loss established by preemployment audiogram or other competentevidence.
(3) The date for compensation for occupational hearing loss shall be determined by thedate of direct head injury or the last date when harmful industrial noise contributed substantiallyin causing the hearing loss.
Renumbered and Amended by Chapter 375, 1997 General Session