Victorian Current Acts

WORKERS COMPENSATION ACT 1958 - SECT 25D

The compensation under this Division shall be recoverable from the employer who last employed the worker prior to the date on which the claim is made in the employment to the nature of which the industrial deafness is claimed by the worker to be due in whole or in part and notice of the injury shall be given to that employer notwithstanding that the worker has left his employment:

S. 25D
Proviso amended by Nos 10191 s. 270(14)(a) (b), 67/1992 s. 64(11)(a).

Provided that—

        (a)     the worker or his dependants if so required shall by statutory declaration furnish that employer with such information as to the names and addresses of all the other employers who employed him in such employment prior to the said date as he or they may possess;

        (b)     if that employer alleges that the industrial deafness was caused, aggravated, accelerated or exacerbated in some other employment undertaken by the worker within a period of ten years prior to the date of the claim, he may join such other employer or employers as party or parties to the proceedings before the County Court or Administrative Appeals Tribunal and, if the employer on whom the claim was made proves that the industrial deafness was not caused, aggravated, accelerated or exacerbated in his employment he shall not be liable to pay compensation and the compensation shall be paid by the party so joined who, in the opinion of the County Court or Administrative Appeals Tribunal, last employed the worker in employment which caused, aggravated, accelerated or exacerbated the industrial deafness;

        (c)     if other employers have been joined in the proceedings, then upon proof that the worker had been employed by them or any of them within a period of ten years prior to the date of the claim in a process or occupation or in conditions which the County Court or Administrative Appeals Tribunal finds were of such a nature as to cause, aggravate, accelerate or exacerbate industrial deafness, then each of those other employers shall be liable to make to the employer from whom compensation is recoverable such contributions as in default of agreement may be determined by the County Court or Administrative Appeals Tribunal in proceedings for settling the amount of the compensation.

S. 25E inserted by No. 9613 s. 2(1).