78Injuries contracted by gradual process

### 78 Injuries contracted by gradual process > > (1)  *\[Section 78 Subsection (1) amended by No. 16 of 1995, s. 54 \]*Where an injury suffered by a worker is of such a nature as to be contracted by a gradual process, compensation is payable by – > > > > > > (a) the employer in whose employment the worker was when the injury occurred, if the injury was due to the nature of his employment with that employer; or > > > > > > > (b) the employer who last employed the worker if the nature of the employment was likely to have given rise to that injury, in any other case. > > > (2)  [*\[Section 78 Subsection (2) amended by No. 42 of 2007, s. 24, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS24@Hpb@EN) [*\[Section 78 Subsection (2) amended by No. 42 of 2007, s. 24, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS24@Hpa@EN) Subject to [subsection (2A)](#GS78@Gs2A@EN) , an employer who, at any time during the period of 3 years immediately preceding the day on which an injury referred to in [subsection (1)](#GS78@Gs1@EN) occurred to a worker, employed the worker in any employment to the nature of which the injury was due is liable to pay compensation and must make to the relevant employer referred to in [subsection (1)](#GS78@Gs1@EN) such contribution as is agreed between the employers. > > > (2A)  [*\[Section 78 Subsection (2A) inserted by No. 42 of 2007, s. 24, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS24@Hpc@EN) Where a worker suffers industrial deafness, an employer who, at any time during the period of 10 years preceding the date of injury, employed the worker in any employment to the nature of which the injury was due is liable to pay compensation and must make to the relevant employer referred to in [subsection (1)](#GS78@Gs1@EN) such contribution in respect of compensation for industrial deafness as is agreed between the employers. > > > (3)  [*\[Section 78 Subsection (3) amended by No. 42 of 2007, s. 24, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS24@Hpd@EN) *\[Section 78 Subsection (3) amended by No. 50 of 1992, s. 10 \]**\[Section 78 Subsection (3) amended by No. 16 of 1995, s. 54 \]*Where the employers referred to in [subsection (2)](#GS78@Gs2@EN) or [subsection (2A)](#GS78@Gs2A@EN) cannot agree as to the amount of contribution, any of the employers may refer the matter to the Tribunal for a determination as to the amount of contribution.