(3) For the purposes of assessing the degree of S. 91(3) impairment of the whole person resulting from inserted by No. 107/1997 diminution of hearing, the percentage of the s. 25(2), diminution of hearing determined in accordance amended by No. 80/2010 with subsection (4) is to be converted as s. 88(1)(a). follows— (a) if the diminution of hearing assessed as a S. 91(3)(a) amended by binaural loss of hearing is less than 10 per No. 80/2010 cent NAL, the degree of impairment is zero; s. 88(1)(b). (b) if the diminution of hearing assessed as a S. 91(3)(b) amended by binaural loss of hearing is 10 per cent NAL, No. 80/2010 the degree of impairment is 10 per cent; s. 88(1)(b). (c) if the diminution of hearing assessed as a S. 91(3)(c) amended by binaural loss of hearing is more than 10 per No. 80/2010 cent NAL, the degree of impairment is the s. 88(1)(b). percentage equivalent of the number (rounded up to the next whole number) given by the formula— 10 + [0.278 (NAL 10)]— where NAL is the percentage of diminution of hearing determined in accordance with subsection (4). (3AAA) Impairment from industrial deafness or a S. 91(3AAA) inserted by proportion of such impairment that occurs in No. 80/2010 circumstances that do not create a liability to pay s. 88(2). compensation under this Act must be excluded from the assessment of deafness for the purposes of assessing the degree of impairment under this section. (3AAB) Unless the Authority, self-insurer, Medical Panel S. 91(3AAB) inserted by or County Court (as the case requires) determines No. 80/2010 otherwise, impairment from industrial deafness is s. 88(2). deemed to have occurred at a constant rate within the total number of years of exposure to industrial noise in employment.
S. 91(3) inserted by No. 107/1997 s. 25(2), amended by No. 80/2010 s. 88(1)(a). (3) For the purposes of assessing the degree of impairment of the whole person resulting from diminution of hearing, the percentage of the diminution of hearing determined in accordance with subsection (4) is to be converted as follows— S. 91(3)(a) amended by No. 80/2010 s. 88(1)(b). (a) if the diminution of hearing assessed as a binaural loss of hearing is less than 10 per cent NAL, the degree of impairment is zero; S. 91(3)(b) amended by No. 80/2010 s. 88(1)(b). (b) if the diminution of hearing assessed as a binaural loss of hearing is 10 per cent NAL, the degree of impairment is 10 per cent; S. 91(3)(c) amended by No. 80/2010 s. 88(1)(b). (c) if the diminution of hearing assessed as a binaural loss of hearing is more than 10 per cent NAL, the degree of impairment is the percentage equivalent of the number (rounded up to the next whole number) given by the formula— 10 + [0.278 (NAL 10)]— where NAL is the percentage of diminution of hearing determined in accordance with subsection (4). S. 91(3AAA) inserted by No. 80/2010 s. 88(2). (3AAA) Impairment from industrial deafness or a proportion of such impairment that occurs in circumstances that do not create a liability to pay compensation under this Act must be excluded from the assessment of deafness for the purposes of assessing the degree of impairment under this section. S. 91(3AAB) inserted by No. 80/2010 s. 88(2). (3AAB) Unless the Authority, self-insurer, Medical Panel or County Court (as the case requires) determines otherwise, impairment from industrial deafness is deemed to have occurred at a constant rate within the total number of years of exposure to industrial noise in employment.