WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 31H
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 31H
31H . Election under s. 31C or 31E
(1) A worker elects
under this section for the purposes of section 31C or 31E when —
(a) the
worker signs a form of election prescribed by the regulations containing
particulars prescribed by the regulations in respect of the impairment or
loss; and
(b) that
form of election is filed with the Director, and a copy of it is served by or
on behalf of the worker on the employer.
(2) A worker can elect
for the purposes of section 31C only if —
(a) the
worker and the worker’s employer agree as to the worker’s degree
of permanent impairment resulting from the injury concerned; or
(b) a
determination has been made under section 31D(4) in respect of the
worker’s degree of permanent impairment resulting from the injury
concerned or the worker has a certificate given for the purposes of
section 31F(3) that the worker has contracted AIDS.
(3) In the case of an
election for the purposes of section 31E, the employer on whom the copy of the
form of election is served is to be the employer who last employed the worker
in employment to the nature of which noise induced hearing loss is due.
(4) Where a worker
makes an election under subsection (1) for the purposes of section 31E, this
Division and Part XI apply as if the noise induced hearing loss in respect of
which the election was made were a compensable personal injury by accident
arising out of or in the course of the worker’s employment, and for that
purpose a reference to the time or date of a personal injury by accident is,
in respect of compensable noise induced hearing loss, to be construed as a
reference to the date of the audiometric test under Schedule 7 that showed
that a loss or diminution of the worker’s hearing had been incurred.
[Section 31H inserted: No. 42 of 2004 s. 21;
amended: No. 16 of 2005 s. 16.]