West Virginia Code
Article 4. Disability and Death Benefits
§23-4-6b. Occupational Hearing Loss Claims

(a) In all claims for occupational hearing loss caused by either a single incident of trauma or by exposure to hazardous noise in the course of and resulting from employment, the degree of permanent partial disability, if any, shall be determined in accordance with the provisions of this section and awards made in accordance with the provisions of section six of this article.
(b) The percent of permanent partial disability for a monaural hearing loss shall be computed in the following manner:
(1) The measured decibel loss of hearing due to injury at the sound frequencies of five hundred, one thousand, two thousand and three thousand hertz shall be determined for the injured ear and the total shall be divided by four to ascertain the average decibel loss;
(2) The percent of monaural hearing impairment for the injured ear shall be calculated by multiplying by one and six-tenths percent the difference by which the aforementioned average decibel loss exceeds twenty-seven and one-half decibels, up to a maximum of one hundred percent hearing impairment, which maximum is reached at ninety decibels; and
(3) The percent of monaural hearing impairment obtained shall be multiplied by twenty-two and one-half to ascertain the degree of permanent partial disability.
(c) The percent of permanent partial disability for a binaural hearing loss shall be computed in the following manner:
(1) The measured decibel loss of hearing due to injury at the sound frequencies of five hundred, one thousand, two thousand and three thousand hertz is determined for each ear and the total for each ear shall be divided by four to ascertain the average decibel loss for each ear;
(2) The percent of hearing impairment for each ear is calculated by multiplying by one and six-tenths percent the difference by which the aforementioned average decibel loss exceeds twenty-seven and one-half decibels, up to a maximum of one hundred percent hearing impairment, which maximum is reached at ninety decibels;
(3) The percent of binaural hearing impairment shall be calculated by multiplying the smaller percentage (better ear) by five, adding this figure to the larger percentage (poorer ear) and dividing the sum by six; and
(4) The percent of binaural hearing impairment obtained shall be multiplied by fifty-five to ascertain the degree of permanent partial disability.
(d) No permanent partial disability benefits shall be granted for tinnitus, psychogenic hearing loss, recruitment or hearing loss above three thousand hertz.
(e) An additional amount of permanent partial disability shall be granted for impairment of speech discrimination, if any, to determine the additional amount for binaural impairment, the percentage of speech discrimination in each ear shall be added together and the result divided by two to calculate the average percentage of speech discrimination, and the permanent partial disability shall be ascertained by reference to the percentage of permanent partial disability in the table below on the line with the percentage of speech discrimination obtained. To determine the additional amount for monaural impairment, the permanent partial disability shall be ascertained by reference to the percentage of permanent partial disability in the table below on the line with the percentage of speech discrimination in the injured ear.
TABLE
% of Permanent
% of Speech Discrimination Partial Disability
90% and up to and including 100% 0%
80% and up to but not including 90% 1%
70% and up to but not including 80% 3%
60% and up to but not including 70% 4%
0% and up to but not including 60% 5%
(f) No temporary total disability benefits shall be granted for noise-induced hearing loss.
(g) An application for benefits alleging a noise-induced hearing loss shall set forth the name of the employer or employers and the time worked for each. The Insurance Commissioner may allocate to and divide any charges resulting from the claim among the employers with whom the claimant sustained exposure to hazardous noise for as much as sixty days during the period of three years immediately preceding the date of last exposure. The allocation is based upon the time of exposure with each employer. In determining the allocation, the Insurance Commissioner shall consider all the time of employment by each employer during which the claimant was exposed and not just the time within the three-year period under the same allocation as is applied in occupational pneumoconiosis cases.
(h) The employer against whom the claim is filed shall provide for prompt referral the claims for evaluation, for all medical reimbursement and for prompt authorization of hearing enhancement devices.

Structure West Virginia Code

West Virginia Code

Chapter 23. Workers' Compensation

Article 4. Disability and Death Benefits

§23-4-1. To Whom Compensation Fund Disbursed; Occupational Pneumoconiosis and Other Occupational Diseases Included in Injury and Personal Injury ; Definition of Occupational Pneumoconiosis and Other Occupational Diseases; Rebuttable Presumption for C...

§23-4-1a. Report of Injuries by Employee

§23-4-1b. Report of Injuries by Employers

§23-4-1c.§23-4-1c. Payment of Temporary Total Disability Benefits Directly to Claimant; Payment of Medical Benefits; Payments of Benefits During Protest; Right of Commission, Successor to the Commission, Private Carriers and Self-Insured Employers to...

§23-4-1d. Method and Time of Payments for Permanent Disability

§23-4-1e. Temporary Total Disability Benefits Not to Be Paid for Periods of Correctional Center or Jail Confinement; Denial of Workers' Compensation Benefits for Injuries or Disease Incurred While Confined

§23-4-1f. Certain Psychiatric Injuries and Diseases Not Compensable; Definitions; Legislative Findings; Terms; Report Required

§23-4-1g. Weighing of Evidence

§23-4-2. Disbursement Where Injury Is Self-Inflicted or Intentionally Caused by Employer; Legislative Declarations and Findings; &Quot;deliberate Intention" Defined

§23-4-3. Schedule of Maximum Disbursements for Medical, Surgical, Dental and Hospital Treatment; Legislative Approval; Guidelines; Preferred Provider Agreements; Charges in Excess of Scheduled Amounts Not to Be Made; Required Disclosure of Financial...

§23-4-3b. Creation of Health Care Advisory Panel

§23-4-3c. Suspension or Termination of Providers of Health Care

§23-4-4. Funeral Expenses; Wrongfully Seeking Payment; Criminal Penalties

§23-4-5. Benefits for First Three Days After Injury

§23-4-6. Classification of and Criteria for Disability Benefits

§23-4-6a. Benefits and Mode of Payment to Employees and Dependents for Occupational Pneumoconiosis; Further Adjustment of Claim for Occupational Pneumoconiosis

§23-4-6b. Occupational Hearing Loss Claims

§23-4-6c. Benefits Payable to Certain Sheltered Workshop Employees; Limitations

§23-4-6d. Benefits Payable to Part-Time Employees

§23-4-7. Release of Medical Information to Employer; Legislative Findings; Effect of Application for Benefits; Duty of Employer

§23-4-7a. Monitoring of Injury Claims; Legislative Findings; Review of Medical Evidence; Recommendation of Authorized Treating Physician; Independent Medical Evaluations; Temporary Total Disability Benefits and the Termination Thereof; Mandatory Acti...

§23-4-7b. Trial Return to Work; Insurance Commissioner to Develop Rules

§23-4-8. Physical Examination of Claimant

§23-4-8a. Occupational Pneumoconiosis Board; Composition; Term of Office; Duties; Quorum; Remuneration

§23-4-8b. Occupational Pneumoconiosis Board; Procedure; Autopsy

§23-4-8c. Occupational Pneumoconiosis Board; Reports and Distribution Thereof; Presumption; Findings Required of Board; Objection to Findings; Procedure Thereon; Limitations on Refilings; Consolidation of Claims

§23-4-8d. Occupational Pneumoconiosis Claims Never Closed for Medical Benefits With Exception of Settled Claims

§23-4-9. Physical and Vocational Rehabilitation

§23-4-9b. Preexisting Impairments Not Considered in Fixing Amount of Compensation

§23-4-10. Classification of Death Benefits; "dependent" Defined

§23-4-11. To Whom Death Benefits Paid

§23-4-12. Application of Benefits

§23-4-13. Effect of Abandonment of Spouse

§23-4-14. Computation of Benefits

§23-4-15. Application for Benefits

§23-4-15a. Nonresident Alien Beneficiaries

§23-4-15b. Determination of Nonmedical Questions; Claims for Occupational Pneumoconiosis; Hearing

§23-4-16. Jurisdiction Over Case Continuous; Modification of Finding or Order; Time Limitation on Awards; Reimbursement of Claimant for Expenses; Reopening Cases Involving Permanent Total Disability; Promulgation of Rules

§23-4-16a. Interest on Benefits

§23-4-17. Commutation of Periodical Benefits

§23-4-18. Mode of Paying Benefits Generally; Exemptions of Compensation From Legal Process

§23-4-20. Postmortem Examinations

§23-4-21. Severability

§23-4-22. Permanent Disability Evaluations; Limitations; Notice

§23-4-23. Permanent Total Disability Benefits; Reduction of Disability Benefits; Reduction of Benefits; Application of Section; Severability

§23-4-24. Permanent Total Disability Awards; Retirement Age; Limitations on Eligibility and the Introduction of Evidence; Effects of Other Types of Awards; Procedures; Requests for Awards; Jurisdiction

§23-4-25. Permanent Total Disability Benefits; Reduction of Disability Benefits for Wages Earned by Claimant