Montana Code Annotated 1997

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     39-71-808. Compensation for occupational deafness. (1) Subject to the limitations herein contained, there shall be payable:
     (a) for total occupational deafness of one ear, 40 weeks of compensation;
     (b) for total occupational deafness of both ears, 200 weeks of compensation; and
     (c) for partial occupational deafness, compensation shall bear such relation to that named herein as disabilities bear to the maximum disabilities herein provided.
     (2) In cases covered by this section, "time of injury", "incurred such injury", or "date of injury" shall be exclusively the date of occurrence of any of the following events to an employee:
     (a) transfer because of occupational deafness to nonnoisy employment by an employer whose employment has caused occupational deafness;
     (b) retirement;
     (c) termination of the employer-employee relationship;
     (d) layoff provided the layoff is complete and continuous for 1 year.
     (3) No claim under this section shall be filed, however, until 6 consecutive months of removal from noisy employment after the time of injury, except that under subsection (2)(d), such 6 consecutive months period may commence within the last 6 months of layoff.

     History: En. 92-710 by Sec. 1, Ch. 366, L. 1971; amd. Sec. 1, Ch. 381, L. 1973; R.C.M. 1947, 92-710(4).

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