88Compensation for industrial deafness

88 Compensation for industrial deafness (1) Industrial deafness or a proportion of industrial deafness which has occurred in circumstances which do not create any liability to pay compensation under this Act shall be excluded from the assessment of deafness for the purposes of calculating compensation under this section. S. 88(2) amended by Nos 64/1989 s. 35(e)(i), 80/2010 s. 86(1), 67/2013 s. 628(1). (2) Compensation for industrial deafness shall be in accordance with this section and section 89 and Divisions 2, 2A and 2B. S. 88(3) amended by Nos 64/1989 s. 35(e)(ii), 67/1992 s. 13(3), 50/1993 s. 78(1)(f), 50/1994 s. 35(3), 81/1998 s. 23(a), 102/2004 s. 17(2). (3) Unless the Authority, self-insurer, a Conciliation Officer, the Medical Panel or the County Court (as the case requires) determines otherwise industrial deafness shall be deemed to have occurred at a constant rate within the total number of years of exposure to industrial noise in employment. S. 88(4) amended by No. 64/1989 s. 9(3) substituted by No. 80/2010 s. 86(2). (4) Notwithstanding subsection (3) and subject to subsection (5), if a worker sustains industrial deafness, the injury is deemed to have been sustained by the worker on the last day on which the worker was— by reason of which the injury was due to the nature of the worker's employment or arose out of or in the course of the worker's employment. S. 88(5) inserted by No. 80/2010 s. 86(2). (5) Notwithstanding subsection (3), if a worker sustains industrial deafness and on the day on which the worker gives, serves or lodges a claim for compensation in respect of the injury, the worker is still— by reason of which the injury is due to the nature of the worker's employment or arises out of or in the course of employment, the injury is deemed to have been sustained on that day. S. 89 (Heading) inserted by No. 80/2010 s. 87(1).