296Section 91

296 Section 91 (1) Subject to subsections (2) and (3), section 91, as amended by section 25 of the **Transport Accident and Accident Compensation Acts Amendment Act 2007**, applies in respect of any assessment of the degree of impairment resulting from an injury, being an assessment that relates to any claim for compensation made under section 98C, irrespective of when the injury occurred or when the claim for compensation under section 98C was made. (2) Despite subsection (1), the amendment of section 91 by section 25 of the **Transport Accident and Accident Compensation Acts Amendment Act 2007** does not affect the rights of the parties in the proceedings known as *Mountain Pine Furniture Pty Ltd v Taylor [2007] VSCA 146*. (3) Despite subsection (1), section 91 as in force immediately before the commencement of section 25 of the **Transport Accident and Accident Compensation Acts Amendment Act 2007** continues to apply if before that commencement a worker has— (a) made a claim for compensation under section 98C; and (b) attended, after the injury has stabilised, at least one independent impairment examination under section 104B(4) for the purposes of assessing the degree of impairment under section 104B(5) conducted in accordance with the decision in the proceedings known as *Mountain Pine Furniture Pty Ltd v Taylor [2007] VSCA 146*. S. 297 inserted by No. 60/2007 s. 28.