Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 24A

24A .         Noise induced hearing loss, worker may elect to get lump sum for in some cases

        (1)         Subject to Schedule 7 and this section, a worker suffering from noise induced hearing loss shall be entitled to compensation for that loss under item 6 of Part 1 of the table set out in Schedule 2 if the worker so elects as provided by section 24B, but the compensation payable for that hearing loss shall, subject to the provisions of this Act relating to Schedule 2, be in accordance with the percentage ratio of the prescribed amount indicated in column 2 of Part 1 of the table set out in Schedule 2 in respect of item 6 at the date of the audiometric test under Schedule 7 that showed that a loss or diminution of the worker’s hearing had been incurred, irrespective of when the worker so elects.

        (2)         A worker is entitled to compensation under this section only in respect of noise induced hearing loss incurred after the date on which this section comes into operation and —

            (a)         in respect of the worker’s first election under this section, where that noise induced hearing loss is at least a 10% loss of hearing; and

            (b)         in respect of a subsequent election by the worker under this section after a successful first election under paragraph (a) —

                  (i)         where that noise induced hearing loss is at least a further 5% loss of hearing; or

                  (ii)         where that noise induced hearing loss is any further percentage of loss of hearing and at the time of the subsequent election the worker is retired from work.

        (3)         Nothing in subsection (2) operates to stop a worker who —

            (a)         has retired from work; and

            (b)         has made a successful election under subsection (2)(b)(ii); and

            (c)         subsequently returns to work,

                from making an election under subsection (2)(b) in respect of further loss of hearing.

        (4)         A worker is not entitled to compensation under this section in respect of noise induced hearing loss incurred after the worker has attained the age of 65 years if the hearing loss occurred before the day on which the Workers’ Compensation and Injury Management Amendment Act 2011 section 82 comes into operation.

        (5)         In subsection (2), loss of hearing means percentage loss of hearing calculated in accordance with the National Acoustic Laboratory Tables prescribed.

        (6)         Schedule 7 applies and noise induced hearing loss shall be ascertained and measured for the purposes of this section in accordance with that Schedule.

        [Section 24A inserted: No. 36 of 1988 s. 6; amended: No. 42 of 2004 s. 16; No. 31 of 2011 s. 82.]



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