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.