6Application of the approved Guide

6  Application of the approved Guide

 (1) The approved Guide applies to the assessment or reassessment of the degree of permanent impairment of an employee resulting from an injury, or the degree of non-economic loss suffered by an employee as a result of an injury or impairment, relating to a claim for compensation under sections 39, 40 or 41 of the Seafarers Act received by the employer on or after the commencement date.

 (2) The approved Guide applies to the reassessment of the degree of permanent impairment of an employee resulting from an injury, or the degree of non-economic loss suffered by an employee as a result of an injury or impairment, relating to a claim for compensation under sections 39, 40 or 41 of the Seafarers Act received by the employer before the commencement date where the request for reassessment was received on or after the commencement date.

 (3) For the purposes of subsection (2), a request for reassessment does not include the following in relation to a determination made under sections 39, 40 or 41 of the Seafarers Act, whether the determination was made before, on or after the commencement date:

 (a) a request for reconsideration of that determination under section 78 of the Seafarers Act;

 (b) an application to the Administrative Appeals Tribunal for review of a reviewable decision made in relation to that determination under section 88 of the Seafarers Act.

 (4) The approved Guide applies to the assessment or reassessment of the degree of permanent impairment of an employee resulting from an injury relating to a request under section 40 of the Seafarers Act received by the employer on or after the commencement date.

 (5) The approved Guide applies to all reviews by the Administrative Appeals Tribunal of an assessment or reassessment to which subsection (1), (2) or (4) applies.