TITLE 50: INSURANCE
CHAPTER VI: WORKERS' COMPENSATION COMMISSION
PART 9130 HEARING LOSS GUIDELINES

Section 9130.10 Causal Connection

Section 9130.20 Nature and Extent of Disability

Section 9130.30 Prior Hearing Loss


AUTHORITY: Implementing Section 8(e)(16) and authorized by Section 16 of the Workers' Compensation Act [820 ILCS 305/8(e)(16) and 16].


SOURCE: Filed and effective March 1, 1977; emergency rule at 4 Ill. Reg. 41, p. 171. effective September 25, 1980 for a maximum of 150 days; amended at 5 Ill. Reg. 4580, effective April 13, 1981; codified at 7 Ill. Reg. 2514; recodified from 50 Ill. Adm. Code 7130 to 50 Ill. Adm. Code 9130 at 39 Ill. Reg. 9620.

 

Section 9130.10  Causal Connection

 

a)         The Workers' Compensation Commission shall use the following rebuttable presumptions to determine whether exposure between July 1, 1975 and September 15, 1980, to industrial noise caused a hearing loss:

 

1)         Exposure to noise with the intensity of 90 decibels or more for 8 hours or its time weighted equivalent causes hearing loss, and

 

2)         Exposure to noise with the intensity of less than 90 decibels or less for eight hours or its time weighted equivalent does not cause hearing loss.

 

b)         Cases with a date of last exposure after September 15, 1981, shall be determined pursuant to Section 8(e)(16) of the Workers' Compensation Act [820 ILCS 305/8(e)(16)].

 

Section 9130.20  Nature and Extent of Disability

 

a)         The Workers' Compensation Commission shall use the following rebuttable presumptions to determine percentage loss of hearing in cases where the hearing loss was caused by exposure between July 1, 1975, and September 15, 1980:

 

b)         The percentage loss of hearing shall be calculated using the average, in decibels, of the thresholds of hearing for the frequencies of one thousand, two thousand and three thousand cycles per second.  If such losses of hearing average thirty decibels American National Standards Institute (ANSI) or less in the three frequencies, such losses of hearing shall not constitute any hearing disability.  If the losses of hearing average eighty-five decibels (ANSI) or more in the three frequencies, such losses of hearing shall constitute total loss of hearing.  Every average decibel loss exceeding thirty decibels (ANSI) shall constitute 1.82 percent of loss of hearing.

 

c)         Pure tone conduction audiometric instruments shall be used for measuring hearing loss pursuant to this guideline.  Audiometric tests must not be conducted before a Petitioner has been separated from noise exposure for 16 hours or more.

 

Section 9130.30  Prior Hearing Loss

 

An employer shall be liable for the entire occupational deafness to which his employment contributed unless the employer can establish the extent of Petitioner's hearing loss prior to July 1, 1975.  If the employer can establish prior hearing loss, the employer shall only be liable for the hearing loss caused by exposure to employer's noise after July 1, 1975.