KRS 342.7305: Compensability of occupational hearing loss -- Authority for

administrative regulations -- Rebuttable presumption as to employer liability.

(1) In all claims for occupational hearing loss caused by either a single incident of

trauma or by repe titive exposure to hazardous noise over an extended period of

employment, the extent of binaural hearing impairment shall be determined under

the "Guides to the Evaluation of Permanent Impairment."

(2) Income benefits payable for occupational hearing loss shall be as provided in KRS

342.730, except income benefits shall not be payable where the binaural hearing

impairment converted to impairment of the whole person results in impairment of

less than eight percent (8%). No impairment percentage for tinnitus shall be

considered in determining impairment to the whole person.

(3) The commissioner shall provide by administrative regulation for prompt referral of

hearing loss claims for evaluation, for all medical reimbursement, and for prompt

authorization of hearing enhancement devices.

(4) When audiograms and other testing reveal a pattern of hearing loss compatible with

that caused by hazardous noise exposure and the employee demonstrates repetitive

exposure to hazardous noise in the workplace, there shall be a rebuttable

presumption that the hearing impairment is an injury covered by this chapter, and

the employer with whom the employee was last injuriously exposed to hazardous

noise for a minimum duration of one (1) year of employment shall be exclusively

liable for benefits.