72AIndustrial deafness

72A Industrial deafness

[Section 72A Inserted by No. 42 of 2007, s. 19, Applied:31 Oct 2007]

(1)  A worker who has industrial deafness is a person who has suffered an injury within the meaning of this Act, notwithstanding that the worker has not become totally or partially incapacitated.

(2)  A worker is entitled to compensation under this Act in respect of industrial deafness which occurred after the commencement of the Workers Rehabilitation and Compensation Reform Act 1995 .

(3)  A worker is entitled to compensation for permanent impairment under this Act in respect of industrial deafness which exceeds 5% binaural hearing impairment.

(4)  For the purposes of subsection (3)  –

(a) the binaural hearing impairment is to be calculated by reference to the worker's hearing ability at the commencement of the Workers Rehabilitation and Compensation Reform Act 1995 ; and

(b) a worker's hearing loss is taken to have been sustained at a constant rate over the course of the worker's exposure to workplace noise in employment of a nature likely to have caused industrial deafness unless a hearing test that has been conducted since 16 August 1995, in accordance with the regulations, establishes otherwise.

(5)  The amount of compensation payable under this Part to a worker who suffers permanent impairment in respect of industrial deafness is to be calculated in accordance with section 71(1) .