Deduction for previous injury or pre-existing condition
18 Deduction for previous injury or pre-existing condition
In working out the compensation payable under this part for a loss (the initial loss), an amount must be deducted from the compensation (the deductible proportion) for any proportion of the loss attributable to—
a previous injury (whether or not it is an injury for which compensation has been paid, or is payable, under this part); or
a pre-existing condition or abnormality.
In subsection (1), it does not matter whether the initial loss is a total or partial loss.
If there is a deductible proportion for a loss but the extent of the deductible proportion (or a part of it) will be difficult or costly to work out, it is to be assumed that the deductible proportion for the loss (or the relevant part of the loss) is 10% of the loss, unless this assumption is contrary to the available evidence.
Example
If this subsection requires it to be assumed that the deductible proportion in relation to a particular loss is 10% and the loss is 30% of the loss of the use of the right arm, the deductible proportion for the loss is 3% (that is, 10% of 30%).
However, section 20 must be used to work out how much (if any) of an injured person’s hearing loss is caused by age.
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