Victorian Current Acts Victorian Current ActsS. 98(1) amended by Nos 67/1992 s. 18(1)(2)(a)–(d), 50/1994 s. 41(1)(a)–(e), 80/2010 s. 59(1)(a).
(1) A worker who suffers an injury which entitled the worker to compensation is, in respect of an injury mentioned in the Table in Schedule 3A, entitled to compensation equal to—
S. 98(1)(a) amended by No. 7/1996 s. 49(e).
(a) the percentage of $100 300 set out opposite to that injury in the Table; or
S. 98(1)(b) amended by No. 7/1996 s. 49(e).
(b) the assessed percentage of $100 300 within the range set out opposite that injury in the Table—
calculated, subject to subsection (2), as at the date of the injury.
S. 98(1) Table amended by No. 60/1996 s. 11(2), repealed by No. 80/2010 s. 59(1)(b).
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(2) If the compensation payable under this section is for industrial deafness, the amount of compensation shall be calculated—
S. 98(2)(a) amended by No. 80/2010 s. 89(1)(a).
(a) if the date of injury is deemed under section 88(4) to be the last day of the worker's employment out of which or in the course of which the injury arose—as at that day; or
S. 98(2)(b) amended by No. 80/2010 s. 89(1)(b).
(b) if the date of injury is deemed under section 88(5) to be the date of the claim—as at the day on which the compensation is determined.
S. 98(2AA) inserted by No. 50/1994
s. 41(2), substituted by No.
50/1994
s. 41(3).
(2AA) Compensation is not payable under this section for a loss of hearing unless the percentage of the diminution of hearing determined in accordance with subsection (2AB) is at least 7 [11], [12] .
S. 98(2A) inserted by No. 67/1992
s. 18(3), substituted by No.
50/1994
s. 41(3).
(2A) If compensation is payable under this section for a loss of hearing, the percentage of the maximum amount payable for total loss is the percentage of the diminution of hearing determined in accordance with subsection (2AB) [13], [14] .
S. 98(2AB) inserted by No. 50/1994
s. 41(3).
(2AB) For the purposes of this section, the percentage of diminution of hearing [15] —
S. 98(2AB)(a) amended by Nos
7/1996
s. 23(1), 80/2010 s. 89(2).
(a) must be assessed as a binaural loss of hearing and determined—
(i) by a person or class of persons approved; and
(ii) in the manner approved—
by the Minister [16] ; and
S. 98(2AB)(b) amended by No. 80/2010 s. 89(2).
(b) must be assessed as a binaural loss of hearing and determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory.
S. 98(2AC) inserted by No. 7/1996 s. 23(2), amended by No. 82/2001 s. 14.
(2AC) An approval by the Minister for the purposes of subsection (2AB)(a)(i) continues in force for the period not exceeding 3 years as is specified by the Minister in the approval unless revoked by the Minister [17] .
S. 98(2B) inserted by No. 67/1992
s. 18(3).
(2B) A determination in accordance with subsection (2A) is conclusive evidence of the loss of hearing [18] .
S. 98(3) amended by Nos 50/1993
s. 94(2), 7/1996 s. 49(e), 80/2010 s. 59(1)(c).
(3) If a worker suffers on the same occasion more than one of the injuries mentioned in the Table in Schedule 3A the worker is not in any case entitled to receive as compensation under subsection (1) more than $100 300.
S. 98(4) amended by No. 80/2010 s. 59(1)(c).
(4) If a worker suffers any injury—
(a) which as to the major part consists of an injury for which compensation is payable under subsection (1); or
(b) which consists of a lesser but substantial degree of any injury for which compensation is payable under subsection (1)—
the injury shall be regarded as an injury for which compensation based on the Table in Schedule 3A shall be payable, and the worker may be awarded as compensation such amount as, having regard to subsection (1), appears to be just and proportionate to the degree of injury suffered.
S. 98(5) repealed by No. 67/1992
s. 18(4), new s. 98(5)
inserted by No. 50/1993
s. 94(1).
(5) Compensation under this section is not payable after the death of the worker concerned.
S. 98(6) inserted by No.
107/1997
s. 33.
(6) Compensation under this section is payable only in respect of an injury that arose before 12 November 1997.
S. 98A inserted by No. 67/1992
s. 19.