153F

Deductions for previous injuries and pre-existing conditions—operation of section 17

In force

In assessing the degree of permanent impairment resulting from an injury to which section 17 applies, section 153C applies to the assessment subject to the following—

(a)

there must be no deduction under section 153C for a proportion of the permanent impairment that is due to the worker’s employment in previous relevant employment, except any proportion for which compensation under the following provisions has been paid or is payable—

(i)

Part 3, Division 4 as in force at any time,

(ii)

the former Act, section 16,

(b)

for paragraph (a), previous relevant employment is employment to the nature of which the loss of hearing was due by a previous employer who—

(i)

is liable under section 17 to contribute in relation to the degree of permanent impairment being assessed, or

(ii)

would be liable as mentioned in paragraph (a) if the requirement to contribute were not limited to employers who employed the worker during a particular period.

Note—

Section 17 applies to an injury that is a loss, or further loss, of hearing which is of a nature to be caused by a gradual process.

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