Iowa Code § 85B.1
Citation
This chapter shall be known as the “Iowa Occupational Hearing Loss Act”.
Iowa Code Chapter 85B — Occupational Hearing Loss
Iowa · statute · Iowa Code ch. 85B · 16 active provisions
Provisions
Iowa Code § 85B.2
Workers’ compensation — employers subject
All employers as defined in chapter 85 are subject to this chapter.
Iowa Code § 85B.3
Loss in course of employment
All employees as defined in chapter 85 who incur an occupational hearing loss arising out of and in the course of employment, are subject to this chapter.
Iowa Code § 85B.4
Definitions
As used in this chapter, unless the context otherwise provides: 1. “Excessive noise exposure” means exposure to sound capable of producing occupational hearing loss. 2. “Hearing level” means the measured threshold of hearing sensitivity using audiometric instruments properly calibrated to the American national standard…
Iowa Code § 85B.5
Excessive noise exposure
1. An excessive noise exposure is sound which exceeds the times and intensities listed in the following table:DurationSound level,DurationSound level,per daydBA slowper daydBA slowhoursresponseminutesresponse8905210679145107692371085933310941/294301104952611131/296221123971811321/2981611421/499151152100No exposure grea…
Iowa Code § 85B.6
Maximum compensation
Compensation is payable for a maximum of one hundred seventy-five weeks for total occupational hearing loss. For partial occupational hearing loss compensation is payable for a period proportionate to the relation which the calculated binaural, both ears, hearing loss bears to one hundred percent, or total loss of hear…
Iowa Code § 85B.7
Periodic examination
Compensation is not payable to an employee who willfully fails to submit for reasonable periodic physical and audiometric examinations. Reasonable written notice of the dates and times of examinations required by the employer shall be given the employee. Examinations shall be scheduled during times the employee, examin…
Iowa Code § 85B.8
Date of occurrence
1. A claim for occupational hearing loss due to excessive noise exposure may be filed beginning one month after separation from the employment in which the employee was subjected to excessive noise exposure. The date of the injury shall be the date of occurrence of any one of the following events: a. Transfer from exce…
Iowa Code § 85B.9
Measuring hearing loss
1. Audiometric instruments, properly calibrated to the American national standards institute specifications, shall be used for measuring hearing levels and in such tests necessary to establish total hearing loss, if any. The hearing tests and examinations shall be conducted in environments which comply with accepted na…
Iowa Code § 85B.9A
Apportionment of occupational hearing loss
Apportionment of the total hearing loss between occupational and nonoccupational loss, for purposes of determining occupational hearing loss, may be made by an audiologist or physician with qualifications set forth in section 85B.9. In determining occupational hearing loss, consideration shall be given to all probable…
Iowa Code § 85B.10
Employer’s notice of results of test
The employer shall communicate to the employee, in writing, the results of an audiometric examination or physical examination of an employee which reflects an average hearing level in one or both ears in excess of twenty-five decibels for the test frequencies of five hundred, one thousand, two thousand, and three thous…
Iowa Code § 85B.11
Previous hearing loss excluded
An employer is liable, as provided in this chapter and subject to the provisions of chapter 85, for an occupational hearing loss to which the employment has contributed, but if previous hearing loss, whether occupational or not, is established by an audiometric examination or other competent evidence, whether or not th…
Iowa Code § 85B.12
Hearing aid provided
A reduction of the compensation payable to an employee for occupational hearing loss shall not be made because the employee’s ability to communicate may be improved by the use of a hearing aid. An employer who is liable for occupational hearing loss of an employee is required to provide the employee with a hearing aid…
Iowa Code § 85B.13
Payment of compensation discharges employer
Payments of compensation and compliance with other provisions of this chapter by the employer or the employer’s insurance carrier in accordance with the findings and orders of the workers’ compensation commissioner or a court making a final adjudication in appealed cases, discharges the employer from further obligation…
Iowa Code § 85B.14
Applicable chapters and subchapters
Chapter 10A, subchapter III, and chapters 17A and 85, so far as applicable, and not inconsistent with this chapter, apply in cases of compensable occupational hearing loss.
Iowa Code § 85B.15
Workers’ compensation commissioner to enforce
The workers’ compensation commissioner has jurisdiction over the operation and administration of the compensation provisions of this chapter.