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85b-11
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 the employee
was subjected to excessive noise exposure within six months preceding
the test, the employer is not liable for the previous loss, nor is
the employer liable for a loss for which compensation has previously
been paid or awarded. The employer is liable only for the difference
between the percent of occupational hearing loss determined as of the
date of the audiometric examination used to determine occupational
hearing loss and the percentage of loss established by the
pre-employment audiometric examination. An amount paid to an
employee for occupational hearing loss by any other employer shall be
credited against compensation payable by an employer for the hearing
loss. An employee shall not receive in the aggregate greater
compensation from all employers for occupational hearing loss than
that provided in this section for total occupational hearing loss. A
payment shall not be made to an employee unless the employee has
worked in excessive noise exposure employment for a total period of
at least ninety days for the employer from whom compensation is
claimed. Section History: Early Form
[C81, § 85B.11] Section History: Recent Form
98 Acts, ch 1160, § 9; 99 Acts, ch 96, §7
