§ 9-651. Extent of liability

   (a) In general. -- Except as provided in subsection (b) of this section, an employer is liable for the full extent of the occupational deafness of a covered employee if:

   (1) the employment of the covered employee by the employer has contributed to any extent to the occupational deafness of the covered employee; and

   (2) the employer otherwise is liable under this section and § 9-505 of this title.

(b) Limitation on liability. -- An employer is liable only for the part of the deafness attributable to the employment by the employer if the employer establishes by competent evidence, including the results of a professionally controlled hearing test, the extent of the deafness of the covered employee that existed before exposure to harmful noise in the employment of the employer.

HISTORY: An. Code 1957, art. 101, § 25A; 1991, ch. 8, § 2.