Text: H09162                            Text: H09164
Text: H09100 - H09199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 9163

Amendment Text

PAG LIN
  1  1    Amend Senate File 2333, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  Section 85.34, subsection 2, paragraph
  1  6 r, Code Supplement 1997, is amended to read as
  1  7 follows:
  1  8    r.  (1)  For the loss of hearing, other than
  1  9 occupational hearing loss as defined in section 85B.4,
  1 10 subsection 1, weekly compensation during fifty weeks,
  1 11 and for the loss of hearing in both ears, weekly
  1 12 compensation during one hundred seventy-five weeks.
  1 13    (2)  For occupational hearing loss, weekly
  1 14 compensation as provided in the Iowa occupational
  1 15 hearing loss Act [chapter 85B].
  1 16    Sec. 2.  Section 85B.4, Code 1997, is amended by
  1 17 striking the section and inserting in lieu thereof the
  1 18 following:
  1 19    85B.4  DEFINITIONS.
  1 20    As used in this chapter, unless the context
  1 21 otherwise provides:
  1 22    1.  "Excessive noise exposure" means exposure to
  1 23 sound capable of producing occupational hearing loss.
  1 24    2.  "Hearing level" means the measured threshold of
  1 25 hearing sensitivity using audiometric instruments
  1 26 properly calibrated to the American national standards
  1 27 institute audiometric zero reference level.
  1 28    3.  "Occupational hearing loss" means that portion
  1 29 of a permanent sensorineural loss of hearing in one or
  1 30 both ears that exceeds an average hearing level of
  1 31 twenty-five decibels for the frequencies five hundred,
  1 32 one thousand, two thousand, and three thousand Hertz,
  1 33 arising out of and in the course of employment caused
  1 34 by excessive noise exposure.  "Occupational hearing
  1 35 loss" does not include loss of hearing attributable to
  1 36 any other condition or exposure not arising out of and
  1 37 in the course of employment.
  1 38    Sec. 3.  Section 85B.5, unnumbered paragraph 1,
  1 39 Code 1997, is amended to read as follows:
  1 40    An excessive noise level exposure is sound which
  1 41 exceeds the times and intensities listed in the
  1 42 following table:
  1 43    Sec. 4.  Section 85B.8, unnumbered paragraph 1,
  1 44 Code 1997, is amended to read as follows:
  1 45    A claim for occupational hearing loss due to
  1 46 excessive noise levels exposure may be filed six
  1 47 months after separation from the employment in which
  1 48 the employee was exposed subjected to excessive noise
  1 49 levels exposure.  The date of the injury shall be the
  1 50 date of occurrence of any one of the following events:
  2  1    Sec. 5.  Section 85B.8, subsection 1, Code 1997, is
  2  2 amended to read as follows:
  2  3    1.  Transfer from excessive noise level exposure
  2  4 employment by an employer.
  2  5    Sec. 6.  Section 85B.11, Code 1997, is amended to
  2  6 read as follows:
  2  7    85B.11  PREVIOUS HEARING LOSS EXCLUDED.
  2  8    An employer is liable, as provided in this chapter
  2  9 and subject to the provisions of chapter 85, for an
  2 10 occupational hearing loss to which the employment has
  2 11 contributed, but if previous hearing loss, whether
  2 12 occupational or not, is established by an audiometric
  2 13 examination or other competent evidence, whether or
  2 14 not the employee was exposed to excessive noise level
  2 15 exposure within six months preceding the test, the
  2 16 employer is not liable for the previous loss, nor is
  2 17 the employer liable for a loss for which compensation
  2 18 has previously been paid or awarded.  The employer is
  2 19 liable only for the difference between the percent of
  2 20 occupational hearing loss determined as of the date of
  2 21 the audiometric examination used to determine
  2 22 occupational hearing loss and the percentage of loss
  2 23 established by the pre-employment audiometric
  2 24 examination.  An amount paid to an employee for
  2 25 occupational hearing loss by any other employer shall
  2 26 be credited against compensation payable by an
  2 27 employer for the hearing loss.  An employee shall not
  2 28 receive in the aggregate greater compensation from all
  2 29 employers for occupational hearing loss than that
  2 30 provided in this section for total occupational
  2 31 hearing loss.  A payment shall not be made to an
  2 32 employee unless the employee has worked in excessive
  2 33 noise level exposure employment for a total period of
  2 34 at least ninety days for the employer from whom
  2 35 compensation is claimed.
  2 36    Sec. 7.  INTENT.  It is the intent of the general
  2 37 assembly that this Act affirms that nonoccupational
  2 38 hearing loss shall not be compensated by an employer
  2 39 and that the changes in this Act merely confirm, and
  2 40 do not modify, the intent of chapter 85B as codified
  2 41 prior to July 1, 1998."
  2 42    #2.  By renumbering as necessary.  
  2 43 
  2 44 
  2 45                               
  2 46 DOTZLER of Black Hawk 
  2 47 SF 2333.309 77
  2 48 ec/cf/28
     

Text: H09162                            Text: H09164
Text: H09100 - H09199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

© 1998 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Apr 15 03:46:18 CDT 1998
URL: /DOCS/GA/77GA/Legislation/H/09100/H09163/980414.html
jhf