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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 210

Definitions

    (1)     In this Division—

"compensation law" means this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 or a workers compensation law of the Commonwealth or another State or Territory of the Commonwealth;

S. 210(1) def. of further EPD injury inserted by No. 10/2022 s. 64(c).

"further EPD injury" means an increase in the degree of impairment of a worker who has on one or more occasions suffered a prior EPD injury;

S. 210(1) def. of further injury substituted as further hearing injury by No. 10/2022 s. 64(a).

"further hearing injury" means a further loss of hearing in respect of industrial deafness after a worker has on one or more occasions suffered a prior hearing injury;

S. 210(1) def. of further EPD injury inserted by No. 10/2022 s. 64(c).

"prior EPD injury" means an eligible progressive disease for which a worker has received or become entitled to receive compensation for impairment;

S. 210(1) def. of prior injury substituted as prior hearing injury by No. 10/2022 s. 64(b).

"prior hearing injury" means industrial deafness for which the worker has received or become entitled to receive compensation for loss of hearing;

"prior hearing loss" means a loss of hearing for which a worker has received compensation under a compensation law for loss of hearing;

"relevant date", in relation to the calculation of the amount of non-economic loss under this Division, means—

        (a)     if the worker's impairment benefit rating is not more than 70 per cent, the date of the relevant injury; or

        (b)     if the worker's impairment benefit rating is more than 70 per cent, the date on which the calculation is made;

"spinal impairment" means a whole person impairment derived solely in accordance with section 3.3 of Chapter 3 of the A.M.A Guides, without inclusion of any other impairment.

    (2)     For the purposes of this Division, a worker's impairment benefit rating is—

        (a)     if the worker's degree of impairment consists of, or includes, a whole person impairment assessed in accordance with Chapter 3 of the A.M.A Guides and that whole person impairment is not less than 5 per cent and not more than 29 per cent—

              (i)     the modified whole person impairment set out in column 2 of Schedule 3 opposite the relevant whole person impairment as assessed in accordance with Chapter 3 of the A.M.A Guides;

              (ii)     the modified whole person impairment set out in column 2 of Schedule 3 opposite the relevant whole person impairment as assessed in accordance with Chapter 3 of the A.M.A Guides for a spinal impairment;

              (iii)     if subparagraph (ii) does not apply, the worker's degree of impairment as assessed in accordance with Chapter 3 of the A.M.A Guides for a spinal impairment;

              (iv)     the worker's degree of impairment—

whichever provides the worker with the higher amount for non-economic loss under section 211(2);

        (b)     in any other case, the worker's degree of impairment.



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