New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter G - Occupational Loss Of Hearing
Part 351 - Damage Risk Criteria; Standards For Measurement And Determination Of Loss Of Hearing
Section 351.6 - Proper deductions for presbycusis and other nonindustrial causes of hearing impairment

Current through Register Vol. 46, No. 12, March 20, 2024

With respect to presbycusis, no allowance should be made for the possible effect of age on the hearing level. With respect to the possible effect of nonindustrial causes of an individual's hearing impairment other than presbycusis, determination of the amount of loss due to such other causes should be made by the examining otologist. The opinion of the examining otologist as to the etiological factors responsible for the patient's hearing loss, and the extent to which each contributed to such loss, together with all other pertinent data, should be taken into consideration in fixing the amount of the award to be paid.

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