75Variation of lump sum compensation because of increased impairment of less than 51%

75 Variation of lump sum compensation because of increased impairment of less than 51%

(1)  The Commissioner must determine an application made under section 74  –

(a) by granting the application; or

(b) by refusing to grant the application.

(2)  The Commissioner, after receiving an application made by a person under section 74 , may refer to an accredited impairment assessor under section 45 the medical question as to the degree of impairment of the person.

(3)  If it appears to the Commissioner that –

(a) the degree of impairment of a person who made an application under section 74 is,because of one or more asbestos-related diseases, 26% or more but less than 51%; and

(b) 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.

(4)  The Commissioner must determine in accordance with subsection (1)(a) an application made by a person under section 74 if the person has not received a lump sum equivalent to more than 120 compensation units in accordance with section 73(2) and the Commissioner –

(a) is satisfied, having regard to –

(i) a determination made under section 45(3) by an accredited impairment assessor; or

(ii) a medical certificate of an accredited impairment assessor –

that the degree of impairment of the person, because of one or more asbestos-related diseases, is 26% or more but less than 51%; or