2009 New Jersey Code
TITLE 34 - LABOR AND WORKMEN'S COMPENSATION
34:15
34:15-35.12 - Degree of hearing loss;  determination of degree

34:15-35.12.  Degree of hearing loss;  determination of degree
    a.  For purposes of determining the degree of hearing loss for awarding compensation for noise induced occupational hearing loss, the average hearing threshold for each ear shall be determined by adding the hearing thresholds (ANSI) for the three frequencies 1,000, 2,000 and 3,000 Hertz and dividing that  sum by three.  To determine the binaural disability, subtract the 30dB (low  fence) from the obtained average in each ear.  This decibel amount is then  multiplied by 1.5% for each ear.  Then multiply the smaller percentage (the  better ear) by 5 and add the larger number (the poorer ear) and divide the  resulting number by 6.  This resulting number is the percentage of binaural  hearing disability to be used pursuant to the provisions of section 9 of this  act.

    b.  If the better ear has a hearing loss of 30 dB or less as measured from O  dB on an audiometer calibrated to ANSI S3.6-1969 American National Standard "Specifications for Audiometers,"  or 20 dB or less as measured on an audiometer calibrated to ASA-Z 24.5-1951  "American Standard Specifications for  Pure-Tone Audiometers for Screening Purposes,"  the hearing loss shall not be  compensable.  If the audiogram is performed on an ASA calibrated audiometer,  the hearing threshold level must be converted to ANSI calibration levels.

     L.1979, c. 285, s. 3.
 

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