Deafness deemed to have occurred at a constant rate
25F Deafness deemed to have occurred at a constant rate
S. 25F(1) amended by Nos 10191 s. 270(14)(a), 67/1992 s. 64(11)(b).
Unless the County Court determines otherwise industrial deafness shall be deemed to have occurred at a constant rate within the total number of years of exposure to industrial noise in employment with the employers who are required to pay compensation or make contribution under section 25D.
Where the industrial deafness or a proportion thereof has occurred in circumstances not creating any liability to pay compensation under this Act then that deafness or proportion of deafness shall be excluded from the assessment of deafness for the purposes of calculating compensation under this Division.
Notwithstanding the provisions of subsection (1) the date of injury shall be deemed to be—
the last day of the worker's employment in the service of the employer from whom compensation is recoverable pursuant to section 25D and if the employment was not continuous, then a separate claim shall be deemed to have been made in respect of each period of such employment; or
in the case where at the date of the claim the worker is still employed in the service of an employer from whom compensation is recoverable pursuant to section 25D the date of injury shall be deemed to be the date of the notice of the injury.
S. 25G inserted by No. 9613 s. 2(1).
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