Variation of lump sum compensation because of increased impairment of 51% or more
77 Variation of lump sum compensation because of increased impairment of 51% or more
The Commissioner must determine an application made under section 76 – by granting the application; or by refusing to grant the application.
The Commissioner, after an application is made under section 76 by a person, may refer to an accredited impairment assessor under section 45 the medical question as to the degree of impairment of the person.
If it appears to the Commissioner that – the degree of impairment of a person who has made an application under section 76 is,because of one or more asbestos-related diseases, 51% or more; and part or all of the degree of impairment of the person is because of a disease ("the secondary disease") that is not the same disease as the disease in relation to which a determination was made under section 70 that compensation was payable to the person – the Commissioner must, before determining under subsection (1) the application, refer to a medical panel under section 47(3) the question as to whether the secondary disease is an asbestos-related disease.
The Commissioner must determine in accordance with subsection (1)(a) an application made by a person under section 76 if the person has not received a lump sum equivalent to more than 240 compensation units in accordance with section 73(2) and the Commissioner – is satisfied, having regard to – a determination made under section 45(3) by an accredited impairment assessor; or a medical certificate given by an accredited impairment assessor – that the degree of impairment, because of one or more asbestos-related diseases, of the person is 51% or more; and where subsection (3) applies, receives from a medical panel a determination to the effect that the degree of impairment, because of one or more asbestos-related diseases, of the person is 51% or more.
Subsection (4) applies to a person in relation to an asbestos-related disease whether or not it is the same disease as the disease in relation to which a determination was made under section 70 that compensation was payable to the person.
The Commissioner must notify in writing a person in relation to whom a determination is made under subsection (1) of the determination of the Commissioner.
If – the Commissioner determines in accordance with subsection (1)(a) an application made under section 76 by a person; and the person has received an additional amount of compensation by way of lump sum of an amount equivalent to 120 compensation units in accordance with section 75(7) – the Commissioner must determine that the person is to be paid an additional amount of compensation by way of a lump sum of an amount equivalent to 120 compensation units.
If – the Commissioner determines in accordance with subsection (1)(a) an application made under section 76 by a person; and the person has not received an additional amount of compensation by way of a lump sum of an amount equivalent to 120 compensation units in accordance with section 75(7) – the Commissioner must determine that the person is to be paid an additional amount of compensation by way of a lump sum of an amount equivalent to 240 compensation units.
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