6.2.6.3 Calculate hearing loss claims
Hearing loss claims lodged on or after 12 November 1997 should be lodged on the last employer if still in current operation or directly on the Agent.
Claims lodged on or after 12/11/97
Hearing loss claims lodged on or after 12 November 1997 are assessed as IB Impairment Benefits claims if either of the following applies:
- the worker was still employed with the employer at the time of making the claim
- employment with the employer ceased after 11 November 1997.
Lodged before 12/11/97 or lodged if employment ceased beforehand
Hearing loss claims lodged before 12 November 1997 or lodged after this date if employment ceased beforehand, are processed under the following sections of the Act.
For information about this, see Table of maims claims.
Injury date if still in noisy employment
If the worker is still in noisy employment, the date of injury is:
- the date the claim was lodged on the employer
To establish a date for the determination of the diminution of hearing, the date of calculation is deemed to be:
- the date of the impairment report (or supplementary report if one exists)
- the date of the Medical Panel Under the legislation, unless inconsistent with the context or subject-matter — Medical Panel means a Medical Panel constituted under Division 2 of Part 12 certificate of opinion.
Total loss of hearing
Under No disadvantage compensation table, a worker is entitled to compensation of $237,370 (indexed annually) for a total loss of hearing.
Claims after 1/7/94 must be determined by an approved specialist
For claims after 1 July 1994, the percentage of hearing loss must be determined by an approved specialist.
The approved specialist establishes the National Acoustics Laboratory (NAL) level of hearing loss.
Approved specialist converts the NAL level of hearing loss to WPI
The approved specialist impairment assessor should convert the NAL level of hearing loss to whole person impairment by either of these methods:
- using the formula in the legislation
Note: The converted whole person impairment figure must be rounded up to the next whole number.
- using Compensation table for hearing loss to find the whole person physical impairment percentage that is adjacent to the NAL percentage
- for further injury hearing loss claims, using the formula for the current hearing loss and for the prior hearing loss.
Note: The converted whole person impairment amount must be rounded up to the next whole number for the further injury hearing loss and prior injury hearing loss impairments greater than or equal to 10% NAL.
If the prior hearing loss impairment is considered to be less than 10% NAL the impairment is rounded either up or down to the nearest whole number. For example: 5.4% NAL would be rounded to 5% whole person after conversion.
How the Agent determines the level of compensation
The Agent determines the level of compensation by using Compensation table for hearing loss and:
- find the column incorporating the date the worker left work or, if the worker is still employed by the employer, the date of the current existing impairment assessment report
- locate the amount in that column that coincides with the converted whole person physical impairment percentage.
Note: The amount of any prior settlement A lump sum payment that replaces an injured worker's right to ongoing weekly compensation. for hearing loss made under Victorian workers compensation legislation is to be deducted from the settlement amount if the claim is lodged before 18/11/04.
Level of compensation where component of hearing loss occurred interstate
If the Agent has identified a prior hearing loss attributable to interstate employment the Agent should obtain the detail of impairment attributed to hearing loss which has occurred as a result of employment interstate.
If the prior hearing loss has not been assessed in line with The Improved Procedures for Determination of Percentage Loss of Hearing (1988 Edition of or a later prescribed Edition) (NAL) published by the National Acoustic Laboratory, the Agent is to determine that the impairment given is the equivalent of the percentage that would have been determined in line with the NAL method.
Agent to calculate hearing loss
If it is considered reasonable that the worker has suffered some level of industrial hearing loss, the Agent is to have the worker assessed as per normal requesting the examiners opinion as to the following:
- the whole person impairment inclusive of any hearing loss which may have occurred as a result of the workers prior employment and
- the whole person impairment of only the hearing loss which is considered to have occurred within Victoria, based on a time weighted scale.
Hearing loss from unrelated causes (other than employment) such as exposure to firearms, loud music etc should be taken into consideration when determining the total loss of employment related hearing loss.
See: Stojcevski v Nisselle & Ors
Level of compensation for further injury hearing loss claims
If the Agent has identified a prior hearing loss the Agent should obtain the detail of impairment attributed to hearing.
If the prior hearing loss has not been assessed in line with The Improved Procedures for Determination of Percentage Loss of Hearing (1988 Edition of or a later prescribed Edition) (NAL) published by the National Acoustic Laboratory, the Agent is to determine that the impairment given is the equivalent of the percentage that would have been determined in line with the NAL method.
When the prior impairment percentage and current impairment percentage has been determined, Agent are referred to the formula for calculation of further hearing loss impairment.