WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 31G

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 31G

31G .         Further loss of use of part or faculty of body due to subsequent injury, compensation for

        (1)         In this section —

        impairment includes a loss of full and efficient use of a part or faculty of the body to which the provisions of Division 2 apply.

        (2)         When —

            (a)         by a compensable personal injury by accident, a worker has already suffered a permanent impairment of any part or faculty of the body referred to in column 1 of the table in Schedule 2; and

            (b)         by a subsequent compensable personal injury by accident the worker suffers further permanent impairment of that part or faculty of the body,

                the compensation payable under the provisions of the table in Schedule 2 and this Division in respect of each such subsequent injury is to be proportionate to any increase (resulting from that subsequent injury) in the degree of permanent impairment, and the compensation payable is to be calculated at the rates applicable at the time of occurrence of each subsequent injury.

        (3)         Where a worker has received compensation payable under the provisions of the table in Schedule 2 and Division 2 or this Division in respect of an impairment of a part of the body or a faculty for a degree of permanent impairment of 100%, whether in one payment for a degree of permanent impairment of 100% or in several payments, each of which has been made for a degree of permanent impairment of less than 100%, then and in such case, the worker is not entitled to any further payment under the provisions of that table and this Division in respect of that impairment.

        [Section 31G inserted: No. 42 of 2004 s. 21.]