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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 31E

31E .         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 is entitled to compensation for that loss under item 44 of Part 2 of the table in Schedule 2 if the worker so elects as provided by section 31H.

        (2)         The compensation payable for noise induced hearing loss is to be, subject to the provisions of this Act relating to Schedule 2, in accordance with the percentage ratio of the prescribed amount indicated in column 2 of Part 2 of the table in Schedule 2 in respect of item 44 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.

        (3)         A worker is entitled to compensation under this section only in respect of noise induced hearing loss incurred after 1 March 1991 and —

            (a)         in respect of the worker’s first election under this section (if the worker has not made a successful first election under section 24A), 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 section 24A or paragraph (a) of this section —

                  (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 assessed under Schedule 7 as any further percentage of loss of hearing and at the time of the subsequent election the worker is retired from work.

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

            (a)         has retired from work; and

            (b)         has made a successful election under section 24A(2)(b)(ii) or subsection (3)(b)(ii) of this section; and

            (c)         subsequently returns to work,

                from making an election under subsection (3)(b) in respect of further loss of hearing.

        (5)         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 83 comes into operation.

        (6)         In subsection (3), loss of hearing means percentage loss of hearing calculated in accordance with the National Acoustic Laboratory Tables prescribed by the regulations.

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

        [Section 31E inserted: No. 42 of 2004 s. 21; amended: No. 31 of 2011 s. 83.]



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