Workers Compensation Act 1958

In this section prior injury means industrial deafness for which the worker has received or become entitled to receive compensation for loss of hearing.

If a worker, after having on one or more occasions (whether before or after the commencement of section 2 of the Workers Compensation (Amendment) Act 1981) suffered a prior injury, suffers a further loss of hearing in respect of industrial deafness he shall be deemed to have suffered a further injury.

A worker who suffers a further injury referred to in subsection (2) shall be entitled to receive in respect of that further injury, in addition to any other compensation payable under this Division a percentage, calculated in accordance with subsection (4) of the amount that would have been payable for a total loss of hearing.

The percentage referred to in subsection (3) shall be the difference between the total percentage of loss of hearing in respect of industrial deafness from which the worker was suffering immediately after the injury in respect of which the claim is made and the total percentage of the loss of hearing in respect of industrial deafness immediately after the prior injury (or in the case of more than one prior injury) the latest of the prior injuries.