WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 26

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 26

26 .         Further loss of use of part or faculty of body due to subsequent injury, compensation for

        (1)         When —

            (a)         by a compensable personal injury by accident, a worker has already suffered a permanent loss of any percentage of the full efficient use of any part or faculty of the body referred to in column 1 of Part 1 of the table set out in Schedule 2; and

            (b)         by subsequent compensable personal injury by accident suffers further loss of the full efficient use of that part or faculty of the body,

                the compensation payable under the provisions of that table in respect of each such subsequent injury shall be proportionate to any increase (resulting from that subsequent injury) in the percentage of loss of that full and efficient use, and the compensation payable shall be calculated at the rates applicable at the time of occurrence of each subsequent injury.

        (2)         Where a worker has received compensation payable under the provisions of that table for 100% of the loss of, or the permanent loss of the efficient use of, any part or faculty of the body referred to in column 1 of that table, whether —

            (a)         in one payment for permanent total loss of, or permanent total loss of the efficient use of that part or faculty of the body; or

            (b)         in several payments, each of which has been made for a permanent partial loss of, or a permanent partial loss of the efficient use of that part or faculty of the body,

                then and in such case, the worker is not entitled to any further payment under the provisions of that table in respect of that part or faculty.

        [Section 26 amended: No. 42 of 2004 s. 18; No. 19 of 2010 s. 51.]