(5) For the purposes of subsection (4), means foetus the conceptus beyond the sixteenth week of development. (6) If the compensation payable under this section is for industrial deafness, the amount of compensation is to be calculated— (a) if the date of injury is deemed under section 88 to be the last day of the worker's employment out of which or in the course of which the injury arose—as at that day; or (b) if the date of injury is deemed under section 88 to be the date of the claim—as at the day on which the compensation is determined. (6A) Subject to subsections (6B) and (6C), if a worker S. 98C(6A) inserted by sustains an injury, other than industrial deafness, No. 9/2010 that occurs by way of gradual process over time, s. 54(6). the injury is deemed to have been sustained on the last day on which the worker was— (a) performing duties; or (b) exposed to conditions— by reason of which the injury was due to the nature of the worker's employment or arose out of or in the course of the worker's employment. S. 98C(6B) (6B) Subject to subsection (6C), if a worker sustains an inserted by injury, other than industrial deafness, that occurs No. 9/2010 by way of gradual process over time and on the s. 54(6), amended by day on which the worker gives, serves or lodges a No. 80/2010 claim for compensation in respect of the injury, s. 60(2). the worker is still— (a) performing duties; or
(5) For the purposes of subsection (4), foetus means the conceptus beyond the sixteenth week of development. (6) If the compensation payable under this section is for industrial deafness, the amount of compensation is to be calculated— (a) if the date of injury is deemed under section 88 to be the last day of the worker's employment out of which or in the course of which the injury arose—as at that day; or (b) if the date of injury is deemed under section 88 to be the date of the claim—as at the day on which the compensation is determined. S. 98C(6A) inserted by No. 9/2010 s. 54(6). (6A) Subject to subsections (6B) and (6C), if a worker sustains an injury, other than industrial deafness, that occurs by way of gradual process over time, the injury is deemed to have been sustained on the last day on which the worker was— (a) performing duties; or (b) exposed to conditions— by reason of which the injury was due to the nature of the worker's employment or arose out of or in the course of the worker's employment. S. 98C(6B) inserted by No. 9/2010 s. 54(6), amended by No. 80/2010 s. 60(2). (6B) Subject to subsection (6C), if a worker sustains an injury, other than industrial deafness, that occurs by way of gradual process over time and on the day on which the worker gives, serves or lodges a claim for compensation in respect of the injury, the worker is still— (a) performing duties; or