No damages unless permanent impairment at certain threshold
151H No damages unless permanent impairment at certain threshold
No damages may be awarded unless the injury results in—
the death of the worker, or
a degree of permanent impairment of the injured worker, assessed under Part 6 or the 1998 Act, Chapter 7, Part 7, that meets the threshold specified in subsection (2).
Note—
Part 6 and the 1998 Act, Chapter 7, Part 7 provide for how the degree of permanent impairment is assessed.
The threshold for the degree of permanent impairment is—
at least 15% for a physical injury, and
at least 25% for a psychological injury.
In assessing whether the threshold has been met—
impairment resulting from physical injury must be assessed separately from impairment resulting from psychological injury, and
for assessing impairment resulting from psychological injury, no regard must be given to impairment that results from secondary psychological injury.
Note—
Subsections (2) and (3) do not prevent an award of damages for both a physical and psychological injury together once the permanent impairment threshold has been met for one or the other.
In assessing the degree of permanent impairment that results from a physical injury, no regard must be given to any impairment or symptoms arising from a psychological injury.
This Act’s bill:Explanatory memorandum
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