215Injuries by gradual process other than industrial deafness

215 Injuries by gradual process other than industrial deafness (1) For the purposes of determining the worker's entitlement to compensation under this Part, subject to subsections (2) and (3), if a worker sustains an injury, other than industrial deafness, that occurs by way of gradual process over time, the injury is deemed to have been sustained 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. (2) For the purposes of determining the worker's entitlement to compensation under this Part, subject to subsection (3), if a worker sustains an injury, other than industrial deafness, that occurs by way of gradual process over time 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. (3) For the purposes of subsections (1) and (2), the Minister may make guidelines in accordance with section 611 specifying considerations and circumstances to be considered in determining whether subsection (1) or (2) applies in respect of an injury that occurs by way of gradual process over time.