Deduction for previous injury or pre-existing condition or abnormality
153C Deduction for previous injury or pre-existing condition or abnormality
In assessing the degree of permanent impairment resulting from an injury, there must be a deduction for any proportion of the impairment that is due to—
a previous injury, whether or not it is an injury for which compensation has been paid or is payable under Part 3, Division 4, or
a pre-existing condition or abnormality.
If the extent of a deduction under this section, or a part of a deduction, will be difficult or costly to determine, for example, because of an absence of medical evidence, it must be assumed, to avoid disputation, the deduction, or the relevant part of the deduction, is 10% of the impairment, unless this assumption is at odds with the available evidence.
Example of deduction—
If the degree of permanent impairment is assessed as 30% and this subsection operates to require a 10% reduction in that impairment to be assumed, the degree of permanent impairment is reduced from 30% to 27%, a reduction of 10%.
The reference in subsection (2) to medical evidence is a reference to medical evidence accepted or preferred by the permanent impairment assessor in connection with the permanent impairment assessment of the matter.
The Workers Compensation Guidelines may make provision about the determination of the deduction required by this section.
Note—
Sections 153D–153G make provision for how this section applies for the purpose of determining the degree of permanent impairment and associated pain and suffering for injuries to which section 15, 16, 17 or 22 applies.
This Act’s bill:Explanatory memorandum
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