76Person with increased impairment of 51% or more may apply for variation of lump sum compensation

76 Person with increased impairment of 51% or more may apply for variation of lump sum compensation

(1)  Subsection (2) applies to a person if –

(a) the Commissioner has made a determination under section 70 that the person has a non-imminently fatal asbestos-related disease; and

(b) the Commissioner has not made a subsequent determination under section 70 that the person has an imminently fatal asbestos-related disease; and

(c) the person has a degree of impairment, because of one or more asbestos-related diseases, of 51% or more; and

(d) the person has not received, in accordance with section 73(2) , a lump sum equivalent to more than 240 compensation units.

(2)  If this subsection applies to a person, the person may, by lodging with the Commissioner an application in the approved form, apply to the Commissioner for an additional amount of compensation to be paid to the person by way of lump sum under section 77 by virtue of the fact that the degree of impairment of the person because of one or more asbestos-related diseases is 51% or more.

(3)  Subsection (2) 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.

(4)  An application under subsection (2) by a person is to be accompanied by –

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

(b) a medical certificate given by an accredited impairment assessor –

to the effect that the person has a degree of impairment, because of one or more asbestos-related diseases, of 51% or more.