Victorian Current Acts Victorian Current Acts(1) Despite section 197(5), a worker who has suffered a prior EPD injury is entitled to make a claim for compensation under Division 5 of Part 5 in respect of a further EPD injury.
(2) For the purposes of subsection (1), the Authority or a self-insurer, having regard to any relevant matter including medical evidence, must be satisfied that—
(a) the worker has suffered further impairment since the date of the claim for the most recent prior EPD injury; and
(b) the further impairment suffered by the worker results from—
(i) the prior EPD injury; or
(ii) an injury directly related to the prior EPD injury.
(3) Compensation referred to in subsection (1) is to be determined in accordance with section 214A, being compensation referrable to a percentage which is the difference between—
(a) the degree of impairment from which the worker is suffering at the time of the claim in respect of the further EPD injury; and
(b) the total degree of impairment from which the worker has suffered as a result of one or more prior EPD injuries.
(4) Compensation payable under section 214A is payable in addition to any other compensation payable in accordance with this Act.
(5) Despite anything to the contrary in this Act, a worker who suffers a further EPD injury is not entitled to compensation under Division 5 of Part 5 unless the worker has a degree of impairment of at least 10 per cent resulting from the further EPD injury and any prior EPD injuries.
Pt 2 Div. 4 Subdiv. 7 (Heading and ss 68D– 68G) inserted by No. 10/2022 s. 62.
Subdivision 7—Injuries requiring lung transplant surgery
S. 68D inserted by No. 10/2022 s. 62.