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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3488 ..
8X Deduction for previous injury or pre-existing condition
(NSW WC s 68A (1), (2), (6) and (8))(1) In working out the compensation payable under this part for a loss (the initial loss ), an amount must be deducted from the compensation (the deductible proportion ) for any proportion of the loss attributable to-
(a) a previous injury (whether or not it is an injury for which compensation has been paid, or is payable, under this part); or
(b) a pre-existing condition or abnormality.
(2) In subsection (1), it does not matter whether the initial loss is a total or partial loss.
(3) If there is a deductible proportion for a loss but the extent of the deductible proportion (or a part of it) will be difficult or costly to work out, it is to be assumed that the deductible proportion for the loss (or the relevant part of the loss) is 10% of the loss, unless this assumption is contrary to the available evidence.
Example
If this subsection requires it to be assumed that the deductible proportion in relation to a particular loss is 10% and the loss is 30% of the loss of the use of the right arm, the deductible proportion for the loss is 3% (that is, 10% of 30%).(4) However, section 8Z must be used to work out how much (if any) of a worker's hearing loss is caused by age.
8Y Further loss and deductible proportions
(NSW WC s 68A (3) and (4))(1) This section applies in working out the compensation payable for a further loss (the further loss ) resulting from an initial loss.
(2) An amount proportionate to the deductible proportion of the initial loss must be deducted from the compensation payable for the further loss.
(3) A deduction under subsection (2) in relation to a further loss is in addition to, not in substitution for, any deductible proportion for the further loss.
8Z Loss of hearing because of age (NSW WC s 70)
(1) This section applies in working out the percentage of the decrease of hearing in relation to boilermakers deafness of a worker who is the prescribed age or older, but does not apply to total hearing loss in either of the worker's ears.
(2) For this part, it is to be conclusively presumed that the worker's loss of hearing to be attributed to loss of hearing because of age is 0.5 decibels for each complete year of the worker's age over the prescribed age.
(3) For this section, the prescribed age is-
3. for a male-55 years old; or
4. for a female-65 years old.
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