Page 1657 - Week 05 - Tuesday, 14 May 2019
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(a) if separate WPI reports from an independent medical examiner assess the person’s physical injuries and psychological injuries—the higher WPI assessment assesses the person’s WPI as at least 10%; or
(b) if only 1 WPI report from an independent medical examiner assesses the person’s WPI—the person’s WPI is at least 10%.
45
Clause 239 (1)
Page 176, line 16—
omit clause 239 (1), substitute
(1) A claimant for a motor accident claim who is the injured person to whom the claim relates may be awarded damages for non-economic loss (quality of life damages) only in accordance with—
(a) if the claimant was a child on the date of the motor accident—section 241; or
(b) in any other case—section 240.
46
Clause 240 (1) to (3)
Page 177, line 4—
omit clause 240 (1) to (3), substitute
The amount of quality of life damages that may be awarded to a claimant is—
(a) the amount stated in table 240 as at the date of the WPI report that the claimant relies on for the motor accident claim; and
(b) an additional amount that is not more than 20% of the amount awarded under paragraph (a) if the court considers that the WPI report that the claimant relies on for the motor accident claim did not take into account a particular injury, or a particular effect on the claimant’s quality of life.
Example—particular effect on claimant’s quality of life
chronic pain
Table 240 Amount of quality of life damages payable
|
column 1 item |
column 2 WPI % |
column 3 amount payable |
|
1 |
10% |
$25 000 AWE indexed |
|
2 |
11% to 20% |
“$25 000 AWE indexed + [(W–10) x $3 500 AWE indexed]” |
|
3 |
21% to 50% |
“$60 000 AWE indexed + [(W–20) x $4 000 AWE indexed]” |
|
4 |
51% to 99% |
“$180 000 AWE indexed + [(W–50) x $6 400 AWE indexed]” |
|
5 |
100% |
$500 000 AWE indexed |
Note AWE indexed, for an amount—see s 18.
(2) However, the court must not award an additional amount under subsection (1) (b) if the claimant is awarded damages for the particular injury or particular effect on the claimant’s quality of life under another head of damages.
47
Proposed new clause 255 (1A)
Page 186, line 20—
insert
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