(1) If general damages are to be
awarded by a court in relation to an injury, the court must assess an injury
scale value as follows—
(a) the worker’s total general damages must be
assigned a numerical value (
"injury scale value" ) on a scale running from 0 to 100;
(b) the scale
reflects 100 equal gradations of general damages, from a case in which an
injury is not severe enough to justify any award of general damages to a case
in which an injury is of the gravest conceivable kind;
(c) in assessing the
injury scale value, the court must—
(i) assess the injury scale value under
any rules provided under a regulation; and
(ii) have regard to the injury
scale values given to similar injuries in previous proceedings.
(2) If a
court assesses an injury scale value for a particular injury to be more or
less than any injury scale value prescribed for or attributed to similar
particular injuries under subsection (1) (c) , the court must state the
factors on which the assessment is based that justify the assessed injury
scale value.
