The 10% binaural hearing loss threshold in s.91(3) of the Accident Compensation Act 1985 (Vic) applies only to initial claims for industrial deafness; workers making subsequent claims for further industrial deafness are not required to demonstrate an additional 10% binaural loss. The Medical Panel's role is confined to assessing total binaural hearing loss and converting it to whole person impairment under s.91(3), without dis-aggregating prior hearing loss. Section 98C(9) does not provide for deduction of compensation paid under the Workers Compensation Act 1958, which is a drafting omission requiring legislative correction.
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