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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 54

Assessment of impairment

    (1)     In this Act, a reference to the assessment of a degree of impairment in accordance with this Division is a reference to an assessment—

        (a)     made in accordance with—

              (i)     the A.M.A Guides as applicable subject to this section, section 55 and the guidelines referred to in Subdivision 4; or

              (ii)     methods prescribed for the purposes of this section

and in accordance with operational guidelines (if any) as to the use of those Guides or methods issued by the Minister; and

        (b)     if the Minister has approved a training course in the application of those Guides or methods, made by a medical practitioner who has successfully completed such a training course.

    (2)     The A.M.A Guides apply in respect of an assessment under section 3.3d of Chapter 3 of the A.M.A Guides as if the following were omitted—

"with the Injury Model, surgery to treat an impairment does not modify the original impairment estimate, which remains the same in spite of any changes in signs or symptoms that may follow the surgery and irrespective of whether the patient has a favourable or unfavourable response to treatment".
s. 54

    (3)     Despite anything to the contrary in the A.M.A Guides, in determining a person's degree of impairment, a number determined under the A.M.A Guides is not to be rounded up or down, except as provided in subsection (4), regardless of whether the number represents an initial, an intermediate, a combined or a final value, unless the rounding is expressly required or permitted by this Act.

    (4)     A number determined under the A.M.A Guides must be rounded to the nearest whole per cent.

Example

A final degree of impairment of 9·5 per cent must be rounded to 10 per cent. A final degree of impairment of 8·4 per cent must be rounded to 8 per cent.

    (5)     For the purposes of this Act, the A.M.A Guides may be modified by the regulations.

    (6)     If a regulation is made for the purposes of subsection (5), the A.M.A Guides as modified by the regulations apply only in respect of an injury occurring on or after the date the modification takes effect.

    (7)     Any operational guidelines issued by the Minister for the purposes of subsection (1)(a) must be—

        (a)     published in the Government Gazette and on a Government Internet website; and

        (b)     available for inspection by members of the public without charge at the office of the Authority during normal business hours.



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