Page:United States Statutes at Large Volume 98 Part 2.djvu/485

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-426—SEPT. 28, 1984 "(A) Compensation for loss of hearing in one ear, fifty-two weeks. "(B) Compensation for loss of hearing in both ears, twohundred weeks. "(C) An audiogram shall be presumptive evidence of the amount of hearing loss sustained as of the date thereof, only if (i) such audiogram was administered by a licensed or certified audiologist or a physician who is certified in otolaryngology, (ii) such audiogram, with the report thereon, was provided to the employee at the time it was administered, and (iii) no contrary audiogram made at that time is produced. "(D) The time for filing a notice of injury, under section 12 of this Act, or a claim for compensation, under section 13 of this Act, shall not begin to run in connection with any claim for loss of hearing under this section, until the employee has received an audiogram, with the accompanying report thereon, which indicates that the employee has suffered a loss of hearing. "(E) Determinations of loss of hearing shall be made in accordance with the guides for the evaluation of permanent impairment as promulgated and modified from time to time by the American Medical Association.", (b) Section 8(c)(20) is amended by striking out "$3,500" and inserting in lieu thereof "$7,500". (c)(1) Section 8(c)(21) is amended to read as follows: "(21) Other cases: In all other cases in the class of disability, the compensation shall be 66% per centum of the difference between the average weekly wages of the employee and the employee's wageearning capacity thereafter in the same employment or otherwise, payable during the continuance of partial disability.". (2) Section 8(c) is further amended by adding at the end thereof the following new paragraph: "(23) Notwithstanding paragraphs (1) through (22), with respect to a claim for permanent partial disability for which the average weekly wages are determined under section 10(d)(2), the compensation shall be 66% per centum of such average weekly wages multiplied by the percentage of permanent impairment, as determined under the guides referred to in section 2(10), payable during the continuance of such impairment.". (d) Section 8(d) is amended by striking out paragraph (3) and redesignating paragraph (4) as paragraph (3). (e) Section 8(f) is amended— (1) by inserting before the period at the end of the second and fourth sentences of paragraph (1) the following: ", except that, in the case of an injury falling within the provisions of section 8(c)(13), the employer shall provide compensation for the lesser of such periods, (2) by inserting "(A)" after "(2)" in paragraph (2); (3) by inserting before the period at the end of such paragraph the following: ", except that the special fund shall not assume responsibility with respect to such benefits (and such payments shall not be subject to cessation) in the case of any employer who fails to comply with section 32(a)"; (4) by adding at the end of paragraph (2) the following new subparagraph: "(B) After cessation of payments for the period of weeks provided for in this subsection, the employer or carrier responsible for payment of compensation shall remain a party to the claim, retain

98 STAT. 1645

Post, p. 1648. 33 USC 913.

33 USC 908.

Post, p. 1647. Ante, p. 1639.

33 USC 932.