Victorian Current Acts Victorian Current ActsIf compensation for non-economic loss, calculated in accordance with section 98C, is paid to a worker in respect of an impairment, loss of bodily function, disfigurement, brain damage or total loss resulting from an injury (other than industrial deafness) that occurred—
(a) by gradual process over time due to the nature of the employment in which the worker was employed; or
(b) by gradual process over time and arose out of, or in the course of, employment in which the worker was employed—
the worker ceases to be entitled to compensation under section 98, 98C or 98E of this Act or under section 11 of the Worker's Compensation Act 1958 or under Division 5 of Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any injury—
(c) suffered by the worker before the compensation was paid; and
(d) that materially contributed to the impairment, loss of body function, disfigurement, brain damage or total loss in respect of which the compensation was paid.
S. 98E inserted by No. 107/1997
s. 36.