89Further diminution of hearing

89 Further diminution of hearing

S. 89(1) amended by No. 102/2004 s. 15(1).

(1) In this section and sections 88, 91 and 98C—

S. 89(1) def. of Compen-sation law inserted by No. 102/2004 s. 15(2).

Compensation law means this Act, the Workers Compensation Act 1958 or any other workers compensation law of the Commonwealth or a State or Territory of the Commonwealth;

further injury means a further loss of hearing in respect of industrial deafness after a worker has on one or more occasions suffered a prior injury;

S. 89(1) def. of prior hearing loss inserted by No. 102/2004 s. 15(2).

prior hearing loss means a loss of hearing for which a worker has received compensation under a Compensation law for loss of hearing;

prior injury means industrial deafness for which the worker has received or become entitled to receive compensation for loss of hearing.

S. 89(2) amended by No. 102/2004 s. 15(3)(a)(b).

(2) Subject to subsection (3A), a worker who suffers a further injury shall be entitled to receive in respect of the further injury, in addition to any other compensation payable under section 88, compensation in accordance with section 98C(3A), being compensation referrable to a percentage calculated in accordance with subsection (3) of the amount that would have been payable for a total loss of hearing.

(3) The percentage shall be the difference between—

S. 89(3)(a) amended by Nos 102/2004 s. 15(4)(a), 80/2010 s. 87(2)(a).

(a) the total percentage of the diminution of hearing in respect of industrial deafness from which the worker was suffering immediately after the further injury in respect of which the claim is made; and

Note to s. 89(3)(a) inserted by No. 28/2005 s. 17(1).

The percentage NAL loss is to be determined in accordance with section 91(4). The percentage NAL loss is then converted in accordance with section 91(3).

S. 89(3)(b) amended by Nos 102/2004 s. 15(4)(b), 80/2010 s. 87(2)(a).

(b) the total percentage of the diminution of hearing in respect of industrial deafness immediately after the prior injury or prior hearing loss or in the case of more than one prior injury or prior hearing loss the latest of the prior injuries or prior hearing losses.

Note to s. 89(3)(b) inserted by No. 28/2005 s. 17(2).

The percentage NAL loss is to be determined in accordance with section 89(3C). The percentage NAL loss is then converted in accordance with section 91(3A).