[atlas:bill]

AN ACT Relating to adjusting permanent partial disability compensation for hearing loss to account for the effects of aging; amending RCW 51.32.080; and adding a new section to chapter 51.32 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 51.32 RCW to read as follows:

(1) Compensation for occupational hearing loss shall be adjusted to account for aging, based on the worker's age at the time of the audiogram upon which the compensation is based. Age-related hearing loss shall be deducted as follows:

(a) For unilateral hearing loss, the unilateral percentage reduction due to aging shall be subtracted from the percentage of total unilateral hearing impairment. To obtain the percentage reduction due to aging, the percentage of hearing loss due to aging for an ear is multiplied by the percentage of total unilateral hearing impairment for that ear.

(b) For binaural hearing loss, the binaural percentage reduction due to aging shall be subtracted from the percentage of total binaural hearing impairment. To obtain the percentage reduction due to aging, the percentage of binaural hearing loss due to aging is multiplied by the percentage of total binaural hearing impairment.

(2) As used in this section:

(a) "Hearing loss average" means the sum of the audiogram results in decibels at 500, 1000, 2000, and 3000 hertz for an ear divided by four.

(b) "The percentage of binaural hearing loss due to aging" means the sum of the percentage of hearing loss due to aging for each ear divided by two.

(c) "The percentage of hearing loss due to aging for an ear" means the expected total hearing loss for age in an ear divided by the hearing loss average for that ear. The expected total hearing loss for age in an ear is the number obtained by dividing by three the sum of the age correction values for the appropriate gender at 1000, 2000, and 3000 hertz, as shown on the tables in subsection (3) of this section.

(d) "The percentage of total binaural hearing impairment" means the number obtained by adding the percentage of total unilateral hearing impairment of the better ear multiplied by five and the percentage of total unilateral hearing impairment of the other ear, and dividing the total by six.

(e) "The percentage of total unilateral hearing impairment" means the number obtained by subtracting twenty-five decibels from the hearing loss average and multiplying by one and one-half.

(3) The following tables shall be used to obtain the age correction values:

AGE CORRECTION VALUES IN DECIBELS FOR MALES

Audiometric Test Frequency (Hz)

Years 1000 2000 3000

20 or younger 5 3 4

21 5 3 4

22 5 3 4

23 5 3 4

24 5 3 5

25 5 3 5

26 5 4 5

27 5 4 6

28 6 4 6

29 6 4 6

30 6 4 6

31 6 4 7

32 6 5 7

33 6 5 7

34 6 5 8

35 7 5 8

36 7 5 9

37 7 6 9

38 7 6 9

39 7 6 10

40 7 6 10

41 7 6 10

42 8 7 11

43 8 7 12

44 8 7 12

45 8 7 13

46 8 8 13

47 8 8 14

48 9 8 14

49 9 9 15

50 9 9 16

51 9 9 16

52 9 10 17

53 9 10 18

54 10 10 18

55 10 11 19

56 10 11 20

57 10 11 21

58 10 12 22

59 11 12 22

60 or older 11 13 23

AGE CORRECTION VALUES IN DECIBELS FOR FEMALES

Audiometric Test Frequency (Hz)

Years 1000 2000 3000

20 or younger 7 4 3

21 7 4 4

22 7 4 4

23 7 5 4

24 7 5 4

25 8 5 4

26 8 5 5

27 8 5 5

28 8 5 5

29 8 5 5

30 8 6 5

31 8 6 6

32 9 6 6

33 9 6 6

34 9 6 6

35 9 6 7

36 9 7 7

37 9 7 7

38 10 7 7

39 10 7 8

40 10 7 8

41 10 8 8

42 10 8 9

43 11 8 9

44 11 8 9

45 11 8 10

46 11 9 10

47 11 9 10

48 12 9 11

49 12 9 11

50 12 10 11

51 12 10 12

52 12 10 12

53 13 10 13

54 13 11 13

55 13 11 14

56 13 11 14

57 13 11 15

58 14 12 15

59 14 12 16

60 or older 14 12 16

Sec. 2. RCW 51.32.080 and 1993 c 520 s 1 are each amended to read as follows:

(1)(a) Until July 1, 1993, for the permanent partial disabilities here specifically described, the injured worker shall receive compensation as follows:

LOSS BY AMPUTATION

Of leg above the knee joint with short thigh stump (3" or less below the tuberosity of ischium)................................... $54,000.00

Of leg at or above knee joint with functional stump........ 48,600.00

Of leg below knee joint.......................... 43,200.00

Of leg at ankle (Syme)........................... 37,800.00

Of foot at mid-metatarsals....................... 18,900.00

Of great toe with resection of metatarsal bone... 11,340.00

Of great toe at metatarsophalangeal joint........ 6,804.00

Of great toe at interphalangeal joint............ 3,600.00

Of lesser toe (2nd to 5th) with resection of metatarsal bone 4,140.00

Of lesser toe at metatarsophalangeal joint....... 2,016.00

Of lesser toe at proximal interphalangeal joint.. 1,494.00

Of lesser toe at distal interphalangeal joint.... 378.00

Of arm at or above the deltoid insertion or by disarticulation at the shoulder.... 54,000.00

Of arm at any point from below the deltoid insertion to below the elbow joint at the insertion of the biceps tendon...................... 51,300.00

Of arm at any point from below the elbow joint distal to the insertion of the biceps tendon to and including mid-metacarpal amputation of the hand............................... 48,600.00

Of all fingers except the thumb at metacarpophalangeal joints............................. 29,160.00

Of thumb at metacarpophalangeal joint or with resection of carpometacarpal bone............... 19,440.00

Of thumb at interphalangeal joint................ 9,720.00

Of index finger at metacarpophalangeal joint or with resection of metacarpal bone....... 12,150.00

Of index finger at proximal interphalangeal joint 9,720.00

Of index finger at distal interphalangeal joint.. 5,346.00

Of middle finger at metacarpophalangeal joint or with resection of metacarpal bone....... 9,720.00

Of middle finger at proximal interphalangeal joint 7,776.00

Of middle finger at distal interphalangeal joint. 4,374.00

Of ring finger at metacarpophalangeal joint or with resection of metacarpal bone....... 4,860.00

Of ring finger at proximal interphalangeal joint. 3,888.00

Of ring finger at distal interphalangeal joint... 2,430.00

Of little finger at metacarpophalangeal joint or with resection of metacarpal bone....... 2,430.00

Of little finger at proximal interphalangeal joint 1,944.00

Of little finger at distal interphalangeal joint. 972.00

MISCELLANEOUS

Loss of one eye by enucleation......................... 21,600.00

Loss of central visual acuity in one eye............... 18,000.00

Complete loss of hearing in both ears.................. 43,200.00

Complete loss of hearing in one ear.................... 7,200.00

(b) Beginning on July 1, 1993, compensation under this subsection shall be computed as follows:

(i) Beginning on July 1, 1993, the compensation amounts for the specified disabilities listed in (a) of this subsection shall be increased by thirty-two percent; and

(ii) Beginning on July 1, 1994, and each July 1 thereafter, the compensation amounts for the specified disabilities listed in (a) of this subsection, as adjusted under (b)(i) of this subsection, shall be readjusted to reflect the percentage change in the consumer price index, calculated as follows: The index for the calendar year preceding the year in which the July calculation is made, to be known as "calendar year A," is divided by the index for the calendar year preceding calendar year A, and the resulting ratio is multiplied by the compensation amount in effect on June 30 immediately preceding the July 1st on which the respective calculation is made. For the purposes of this subsection, "index" means the same as the definition in RCW 2.12.037(1).

(2) Compensation for amputation of a member or part thereof at a site other than those specified in subsection (1) of this section, and for loss of central visual acuity and loss of hearing other than complete, shall be in proportion to that which such other amputation or partial loss of visual acuity or hearing most closely resembles and approximates. Compensation shall be calculated based on the adjusted schedule of compensation in effect for the respective time period as prescribed in subsection (1) of this section. Compensation for loss of hearing shall be adjusted as prescribed in section 1 of this act.

(3)(a) Compensation for any other permanent partial disability not involving amputation shall be in the proportion which the extent of such other disability, called unspecified disability, shall bear to the disabilities specified in subsection (1) of this section, which most closely resembles and approximates in degree of disability such other disability, and compensation for any other unspecified permanent partial disability shall be in an amount as measured and compared to total bodily impairment. To reduce litigation and establish more certainty and uniformity in the rating of unspecified permanent partial disabilities, the department shall enact rules having the force of law classifying such disabilities in the proportion which the department shall determine such disabilities reasonably bear to total bodily impairment. In enacting such rules, the department shall give consideration to, but need not necessarily adopt, any nationally recognized medical standards or guides for determining various bodily impairments.

(b) Until July 1, 1993, for purposes of calculating monetary benefits under (a) of this subsection, the amount payable for total bodily impairment shall be deemed to be ninety thousand dollars. Beginning on July 1, 1993, for purposes of calculating monetary benefits under (a) of this subsection, the amount payable for total bodily impairment shall be adjusted as follows:

(i) Beginning on July 1, 1993, the amount payable for total bodily impairment under this section shall be increased to one hundred eighteen thousand eight hundred dollars; and

(ii) Beginning on July 1, 1994, and each July 1 thereafter, the amount payable for total bodily impairment prescribed in (b)(i) of this subsection shall be adjusted as provided in subsection (1)(b)(ii) of this section.

(c) Until July 1, 1993, the total compensation for all unspecified permanent partial disabilities resulting from the same injury shall not exceed the sum of ninety thousand dollars. Beginning on July 1, 1993, total compensation for all unspecified permanent partial disabilities resulting from the same injury shall not exceed a sum calculated as follows:

(i) Beginning on July 1, 1993, the sum shall be increased to one hundred eighteen thousand eight hundred dollars; and

(ii) Beginning on July 1, 1994, and each July 1 thereafter, the sum prescribed in (b)(i) of this subsection shall be adjusted as provided in subsection (1)(b)(ii) of this section.

(4) If permanent partial disability compensation is followed by permanent total disability compensation, any portion of the permanent partial disability compensation which exceeds the amount that would have been paid the injured worker if permanent total disability compensation had been paid in the first instance, shall be deducted from the pension reserve of such injured worker and his or her monthly compensation payments shall be reduced accordingly.

(5) Should a worker receive an injury to a member or part of his or her body already, from whatever cause, permanently partially disabled, resulting in the amputation thereof or in an aggravation or increase in such permanent partial disability but not resulting in the permanent total disability of such worker, his or her compensation for such partial disability shall be adjudged with regard to the previous disability of the injured member or part and the degree or extent of the aggravation or increase of disability thereof.

(6) When the compensation provided for in subsections (1) through (3) of this section exceeds three times the average monthly wage in the state as computed under the provisions of RCW 51.08.018, payment shall be made in monthly payments in accordance with the schedule of temporary total disability payments set forth in RCW 51.32.090 until such compensation is paid to the injured worker in full, except that the first monthly payment shall be in an amount equal to three times the average monthly wage in the state as computed under the provisions of RCW 51.08.018, and interest shall be paid at the rate of eight percent on the unpaid balance of such compensation commencing with the second monthly payment. However, upon application of the injured worker or survivor the monthly payment may be converted, in whole or in part, into a lump sum payment, in which event the monthly payment shall cease in whole or in part. Such conversion may be made only upon written application of the injured worker or survivor to the department and shall rest in the discretion of the department depending upon the merits of each individual application. Upon the death of a worker all unpaid installments accrued shall be paid according to the payment schedule established prior to the death of the worker to the widow or widower, or if there is no widow or widower surviving, to the dependent children of such claimant, and if there are no such dependent children, then to such other dependents as defined by this title.

(7) Awards payable under this section are governed by the schedule in effect on the date of injury.