prior injury or prior hearing loss the latest of the prior injuries or prior hearing losses. Note Note to s. 89(3)(b) The percentage NAL loss is to be determined in inserted by No. 28/2005 accordance with section 89(3C). The percentage s. 17(2). NAL loss is then converted in accordance with section 91(3A). (3A) Despite anything to the contrary in this Act, a S. 89(3A) inserted by worker who suffers a further injury is not entitled No. 102/2004 to compensation under this section or section 98C s. 15(5), amended by unless the worker has a diminution of hearing No. 80/2010 assessed as a binaural loss of hearing of at least s. 87(2)(b). 10 percent NAL resulting from the further injury and any prior injury or prior hearing loss. (3B) The total percentage referred to in S. 89(3B) inserted by subsection (3)(a) is to be determined in No. 102/2004 accordance with section 91(4). s. 15(5). (3C) The total percentage referred to in S. 89(3C) inserted by subsection (3)(b) is to be determined by reference No. 102/2004 to— s. 15(5). (a) if a percentage has been determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory, that percentage; or (b) in any other case, the percentage which having regard to the medical evidence available is determined to be the equivalent of the percentage that (as nearly as can be estimated) would have been determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory.
prior injury or prior hearing loss the latest of the prior injuries or prior hearing losses. Note to s. 89(3)(b) inserted by No. 28/2005 s. 17(2). Note The percentage NAL loss is to be determined in accordance with section 89(3C). The percentage NAL loss is then converted in accordance with section 91(3A). S. 89(3A) inserted by No. 102/2004 s. 15(5), amended by No. 80/2010 s. 87(2)(b). (3A) Despite anything to the contrary in this Act, a worker who suffers a further injury is not entitled to compensation under this section or section 98C unless the worker has a diminution of hearing assessed as a binaural loss of hearing of at least 10 percent NAL resulting from the further injury and any prior injury or prior hearing loss. S. 89(3B) inserted by No. 102/2004 s. 15(5). (3B) The total percentage referred to in subsection (3)(a) is to be determined in accordance with section 91(4). S. 89(3C) inserted by No. 102/2004 s. 15(5). (3C) The total percentage referred to in subsection (3)(b) is to be determined by reference to— (a) if a percentage has been determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory, that percentage; or (b) in any other case, the percentage which having regard to the medical evidence available is determined to be the equivalent of the percentage that (as nearly as can be estimated) would have been determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory.