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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3557 ..

A worker suffers a hearing loss of 3% (the first hearing loss that the worker has suffered). No compensation is payable under section 8O for the loss because it is less than 6%, although notice of injury may be given or a claim may be made for the hearing loss.

The worker suffers a further hearing loss of 6%, bringing the total loss to 9%. The total loss has now passed the 6% threshold and compensation is payable for the full 9%. Compensation for the initial 3% hearing loss will be payable by the earlier employer if the worker made a claim or gave notice of injury for the initial hearing loss.

The worker suffers a further hearing loss of 6%. The worker is entitled in the usual way to compensation for the 6% further loss because the 6% threshold has already been passed (the total loss is now 15%).

Note  Pt 5.3 (Obligations on injury) and ch 6 (Claims) apply to a hearing loss even if it is not immediately compensable because of this section.

(3) In working out the percentage hearing loss because of boilermakers deafness, the loss of hearing is to be worked out as a proportionate loss of hearing of both ears, even if the loss is in 1 ear only.

(4) A lawyer or agent who acts for a worker on a claim for compensation for loss of hearing because of boilermakers deafness is not entitled to recover costs from the worker or the employer in relation to the claim if no compensation is payable on the claim because the worker's total hearing loss is less than 6%.

(5) In this section:

total hearing loss means the total of the present loss and all previous losses of hearing because of boilermakers deafness.

9A Presumption to be drawn from refusal to submit to hearing examination (NSW WCA s 69A (7))

(1) This section applies to a worker with a claim for which no compensation is payable because of section 9.

(2) If the worker fails to allow himself or herself to be examined as required under the worker's personal injury plan, or obstructs the examination, it is presumed in the absence of evidence to the contrary that the worker has no hearing loss because of boilermakers deafness.

9B Employer's responsibility to pay for hearing loss tests

(1) If an employer would, apart from section 9 (No compensation for less than 6% hearing loss), be liable to pay compensation under section 8O (Compensation for permanent injuries generally) for a worker's hearing, the employer is liable under this chapter to pay the cost of only the following hearing tests for the loss:

(a) a test carried out at least 3 years after any previous test that the employer has paid for;

(b) a test that finds that the worker has suffered a total hearing loss because of boilermakers deafness of 6% or more;

(c) a test carried out after the worker has left the worker's employment with the employer if the hearing loss is attributable to the employment;

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