Iowa Code 85B.8 – Date of occurrence
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1. A claim for occupational hearing loss due to excessive noise exposure may be filed beginning one month after separation from the employment in which the employee was subjected to excessive noise exposure. The date of the injury shall be the date of occurrence of any one of the following events:
a. Transfer from excessive noise exposure employment by an employer.
b. Retirement.
c. Termination of the employer-employee relationship.
Terms Used In Iowa Code 85B.8
- Excessive noise exposure: means exposure to sound capable of producing occupational hearing loss. See Iowa Code 85B.4
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
- Occupational hearing loss: means that portion of a permanent sensorineural loss of hearing in one or both ears that exceeds an average hearing level of twenty-five decibels for the frequencies five hundred, one thousand, two thousand, and three thousand Hertz, arising out of and in the course of employment caused by excessive noise exposure. See Iowa Code 85B.4
- year: means twelve consecutive months. See Iowa Code 4.1
2. The date of injury for a layoff which continues for a period longer than one year shall be six months after the date of the layoff. However, the date of the injury for any loss of hearing incurred prior to January 1, 1981, shall not be earlier than the occurrence of any one of the above events.