14 Jul 2017
The expert evidence, supported by pre- and post-incident audiograms, established only 2.9% binaural hearing loss attributable to the November 2015 incident (below the 6% threshold), and there was no reliable expert evidence that tinnitus was a distinct physical injury; therefore the appellant is not entitled to ACC cover under s26(1A) or s26(1)(b).
7 Oct 2014
The 13 October 2011 correspondence did not establish that ACC had accepted coverage prior to 1 January 2011; the operative acceptance of coverage occurred after the 2010 Regulations came into force, therefore the Corporation was correct to apply the 2010 Regulations when determining quantum and contribution for the hearing aid cost.
10 Feb 2012
Where a claimant applies for device funding after the Apportioning Entitlements for Hearing Loss Regulations 2010 commenced, entitlement and the amount payable are determined by those Regulations and by the medical apportionment of the percentage of hearing loss attributable to occupational NIHL; prior IRP agreements do not override the statutory scheme.