Return to Work Regulations 1986

regulation 11A

Division 1 Preliminary

1 Definition

In this Schedule:

FIM(TM) instrument means the Guide for the Uniform Data Set for Medical Rehabilitation, 1996.

Division 2 Prescribed injuries

2 Spinal cord injury

(1) The eligibility criteria for a permanent spinal cord injury resulting in a permanent neurological deficit suffered by a person are:

(a) the permanent neurological deficit is classified as grade A, B, C or D on the ASIA impairment scale, as assessed under the ISNCSCI; and

(b) the injury has resulted in a residual significant impact on the function of the autonomic nervous system, evidenced by a score of 0 for an item relating to bladder, bowel or sexual function, as assessed under the ISAFSCI.

ASIA impairment scale means the scale, known as the American Spinal Injury Association Impairment Scale, used for measuring impairment resulting from a spinal cord injury and published by the American Spinal Injury Association.

ISAFSCI means the document called "International standards to document remaining autonomic function after spinal cord injury", published by the American Spinal Injury Association.

ISNCSCI means the document called "International Standards for Neurological Classification of Spinal Cord Injury", published by the American Spinal Injury Association.

3 Traumatic brain injury

(1) The eligibility criteria for a traumatic brain injury resulting in a permanent impairment suffered by a person are:

(i) the injury results in post-traumatic amnesia lasting 7 days or more as evidenced by an assessment using an approved scale;

(ii) the person is or was in a coma, other than an induced coma, as determined in accordance with the Glasgow coma scale, for 1 hour or more as a result of the injury;

(iii) brain imaging shows a significant brain abnormality as a result of the injury; and

(b) the person's functional ability as a result of the injury is assessed as 5 or less for a motor or cognitive item using the FIM(TM) instrument.

approved scale, for assessing post-traumatic amnesia, means:

(a) the clinical tool, known as the Westmead Post-traumatic Amnesia Scale, used to assess the period a person suffers post-traumatic amnesia; or

(b) a clinically accepted scale similar to the Westmead Post-Traumatic Amnesia Scale approved by the Agency for this definition.

Glasgow coma scale means the scale, known as the Glasgow coma scale, used for assessing the level of consciousness of a person following a traumatic brain injury, using eye, verbal and motor responses.

4 Amputation of a leg through or above the femur

(1) The eligibility criterion for the amputation of a leg through or above the femur is that the amputation involves the loss of 65% or more of the length of the femur.

(2) For subclause (1), the percentage of the length of the femur lost must be worked out by:

(a) comparing the length of the femur before and after the amputation using X-rays taken before and after the amputation; or

(b) if X-rays of the femur are not available – comparing the length of the femur of the amputated leg with the length of the contralateral femur.

(3) To avoid doubt, the eligibility criterion in subclause (1) may be satisfied even if the person suffers from a personal injury that is the amputation of more than one limb or parts of different limbs.

5 Amputation of more than one limb or parts of different limbs

(1) The eligibility criteria for the amputation of more than one limb or parts of different limbs are:

(a) the amputations involve the loss of 50% or more of the length of each of the person's tibias; or

(b) both of the person's upper limbs are amputated at or above the first metacarpophalangeal joint of the thumb and index finger of each hand; or

(i) the loss of 50% or more of the length of one of the person's tibias; and

(ii) one of the person's upper limbs being amputated at or above the first metacarpophalangeal joint of the thumb and index finger of the same hand.

(2) For subclause (1), the percentage of the length of the tibia lost must be worked out by:

(a) comparing the length of the tibia before and after the amputation using X-rays taken before and after the amputation; or

(b) if X-rays of the tibia are not available – comparing the length of the tibia of the amputated leg with the length of the contralateral tibia; or

(c) if the length of the contralateral tibia cannot be determined –using the estimated knee height based on overall height before the amputation.

6 Full thickness burn to all or part of the body

The eligibility criteria for a full thickness burn to all or part of the body are:

(b) the person's functional ability as a result of the injury is assessed as 5 or less for a motor or cognitive item using the FIM(TM) instrument.

7 Inhalation burn resulting in permanent respiratory impairment

The eligibility criterion for an inhalation burn resulting in a permanent respiratory impairment is if the injured person's functional ability as a result of the injury is assessed as 5 or less for a motor or cognitive item using the FIM(TM) instrument.

8 Permanent blindness caused by trauma

(1) The eligibility criterion for permanent blindness caused by trauma is that the injured person has a visual defect, or a combination of visual defects, that result in visual loss that is, or is equivalent to:

(a) visual acuity of less than 6/60 in both eyes, assessed using the Snellen scale after correction by suitable lenses; or

(b) the constriction of the person's field of vision to 10 degrees or less of the arc around central fixation in the person's better eye, regardless of corrected visual acuity (equivalent to 1/100 white test object).

(2) In this clause:

Snellen scale means the scale for measuring visual acuity using rows of letters printed in decreasing sizes.