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CIVIL LIABILITY REGULATION 2014 - SCHEDULE 8
SCHEDULE 8 – Dictionary
"adverse psychological reaction" does not include a mental disorder.
"AMA 5" means the 5th edition of the Guides to the Evaluation of Permanent
Impairment published by the American Medical Association.
"ankylosis" means fixation of a joint in a specific position.
"digestive system" —
(a) means the organs and other parts of the body
forming the alimentary tract, and includes the tongue, throat and abdominal
wall; but
(b) does not include an organ or other part of the body mentioned
in the injury column of schedule 4 .
"dominant injury" , of multiple injuries, means— (a) if the highest range
for 2 or more of the injuries of the multiple injuries is the same—the
injury of those injuries selected as the dominant injury by a court assessing
an ISV; or
(b) otherwise—the injury of the multiple injuries having the
highest range.
Note— The selection of a particular injury as a dominant
injury from 2 or more injuries having the same highest range will not affect
the outcome of the court’s assessment of an ISV for the multiple injuries.
"DSM 4" means the 4th edition of the Diagnostic and Statistical Manual of
Mental Disorders, Text Revision (DSM-IV-TR) published by the American
Psychiatric Association in 2000.
"highest range" means the range of ISVs having the highest maximum ISV.
"ISV" means injury scale value.
"Le Fort I fracture" means a horizontal segmented fracture of the alveolar
process of the maxilla.
"Le Fort II fracture" means a unilateral or bilateral fracture of the
maxilla— (a) in which the body of the maxilla is separated from the facial
skeleton and pyramidal in shape; and
(b) that may extend through the body of
the maxilla down the midline of the hard palate, through the floor of the
orbit and into the nasal cavity.
"Le Fort III fracture" means a fracture in which the entire maxilla and 1 or
more facial bones are completely separated from the brain case.
"medical expert" , for an assessment of a PIRS rating, means a person who—
(a) is appropriately qualified to perform the assessment, including a
psychologist, neuropsychologist or psychiatrist; and
(b) has had appropriate
training in the use of the PIRS.
"mental disorder" means a mental disorder recognised under DSM 4.
"permanent impairment" , in relation to an injury, means the impairment an
injured person has, or is likely to have, even after maximum medical
improvement.
"PIRS" means the psychiatric impairment rating scale set out in schedule 6 .
"PIRS rating" , for a mental disorder, means a rating on the PIRS for the
permanent impairment caused by the mental disorder.
"pre-existing" , in relation to an injury, means existing at the time
immediately before the injury.
"range" , in relation to an ISV for an injury, means the range of ISVs for the
injury set out in schedule 4 .
"whole person impairment" , in relation to an injury, means an estimate,
expressed as a percentage, of the impact of a permanent impairment caused by
the injury on the injured person’s overall ability to perform activities of
daily living other than employment.
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