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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3486 ..


8N Meaning of maximum loss amount

In this part:

19 maximum loss amount means $150 000 cpi indexed.

8O Compensation for permanent injuries generally

(ACT WCA s 10D and s 10F, NSW WCA s 66)

(1) A worker who has suffered a loss mentioned in an item of schedule 1 as the result of a compensable injury is entitled to receive from the worker's employer, as compensation for the loss, the percentage of the single loss amount mentioned in that item.

(2) For this section, the loss is to be worked out when the last of the following happens:

1. the worker's employer became liable to pay compensation;

2. it is unlikely that there will be an improvement or further improvement in the use, or efficient use, of the injured part of the body.

(3) If a payment of compensation under this part has been made in relation to an injury, nothing prevents a further payment of compensation under this part from being made in relation to the same injury if there is an increase in the loss of the efficient use of the injured part of the body.

Example of loss of efficient use of injured part of body

A loss, or further loss, of sight in an injured eye.

8P Compensation for 2 or more losses

A worker who has suffered 2 or more losses mentioned in schedule 1 (Compensation for permanent injuries) because of an injury is not entitled to receive as compensation under this part more than the maximum loss amount for the losses.

8Q Compensation and left-handedness

If a worker's left arm or hand is the worker's dominant limb, in working out the loss for the worker-

(a) the loss of the worker's left arm, left hand or fingers of left hand is to be compensated as if it is the loss of the worker's right arm, right hand or fingers of right hand; and

(b) the loss of the worker's right arm, right hand or fingers of right hand is to be compensated as if it is the loss of the worker's left arm, left hand or fingers of left hand.

8R Compensation for combination of items

If a loss (other than the impairment of the back, neck or pelvis) may be compensated by a combination of items in schedule 1 (Compensation for permanent injuries) or by a proportionate loss of a single item, the loss is to be compensated by a proportionate loss of the single item.

Examples

1 Loss of 2 or more fingers is to be compensated as a proportionate loss of the hand.

2 Loss of a hand includes the loss of the thumb and other fingers of the hand and is to be compensated as a loss, or proportionate loss, of the hand.

3 Loss of an arm at or above the elbow includes the loss of the arm below the elbow and loss of the hand and is to be compensated as a loss, or a proportionate loss, of the arm at or above the elbow.


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