Where a worker's proceedings against a non-employer tortfeasor are commenced after 27 November 2001, the 2001 amendments to the Workers Compensation Act 1987 (including the 15% permanent impairment threshold in s 151H) apply to the hypothetical s 151Z(2)(d) damages assessment, even if the injury pre-dated the amendments. The same damages regime must be adopted for both s 151Z(2)(c) and (d). If the worker cannot establish 15% permanent impairment, no contribution is recoverable by the non-employer tortfeasor from the employer. The worker bears the onus of proving the degree of permanent impairment for the s 151Z(2)(d) assessment.
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