342.7305 Compensability of occupational hearing loss -- Authority for
222 words·~1 min read·
/ky/342-7305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
administrative regulations -- Rebuttable presumption as to employer liability.
(1)In all claims for occupational hearing loss caused by either a single incident of
trauma or by repetitive exposure to hazardous noise over an extended period of
employment, the extent of binaural hearing impairment shall be determined under
the "Guides to the Evaluation of Permanent Impairment."
(2)Income benefits payable for occupational hearing loss shall be as provided in KRS
342.730, except income benefits shall not be payable where the binaural hearing
impairment converted to impairment of the whole person results in impairment of
less than eight percent (8%). No impairment percentage for tinnitus shall be
considered in determining impairment to the whole person.
(3)The commissioner shall provide by administrative regulation for prompt referral of
hearing loss claims for evaluation, for all medical reimbursement, and for prompt
authorization of hearing enhancement devices.
(4)When audiograms and other testing reveal a pattern of hearing loss compatible with
that caused by hazardous noise exposure and the employee demonstrates repetitive
exposure to hazardous noise in the workplace, there shall be a rebuttable
presumption that the hearing impairment is an injury covered by this chapter, and
the employer with whom the employee was last injuriously exposed to hazardous
noise for a minimum duration of one
(1)year of employment shall be exclusively
liable for benefits.