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Military Rehabilitation and Compensation Act 2004
71Additional compensation
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71 Additional compensation
Additional compensation for impairment from another service injury or disease
(1) The Commonwealth is liable to pay additional compensation to a person who has been paid, or is entitled to be paid, compensation under this Part (including interim compensation under section 75) if:
(a) the Commission has accepted liability for one or more additional service injuries or diseases of the person (other than the original compensable condition in respect of which the person is entitled to be paid compensation); and
(i) as a result of the additional injuries or diseases, the person suffers additional impairment; and
(ii) the additional impairment is likely to continue indefinitely; and
(iii) the increase in the person’s overall impairment constitutes at least 5 impairment points; and
(iv) each of the person’s additional injuries or diseases have stabilised; and
Note 1: The impairment points from more than one service injury or disease can be combined to make up the 5 impairment points needed for compensation to be payable.
Note 2: This subsection might also be affected by sections 72 (aggravations), 73 (indefinite impairments) and 389 (choice to institute action for damages).
Additional compensation for deterioration of original condition
(2) The Commonwealth is liable to pay additional compensation to a person who has been paid, or is entitled to be paid, compensation under this Part (including interim compensation under section 75) for the compensable condition if:
(a) the Commission is satisfied that:
(i) the person has suffered additional impairment as a result of a deterioration in the person’s compensable condition; and
(ii) the additional impairment is likely to continue indefinitely; and
(iii) the deterioration is directly related to the natural progression of the compensable condition; and
(iv) the increase in the person’s overall impairment constitutes at least 5 impairment points; and
(v) the person’s compensable condition has stabilised; and
Note 1: This subsection might be affected by sections 72 (aggravations etc.) and 73 (indefinite impairments).
Note 2: The Commission must be notified of the deterioration (see paragraph 77(3)(a)).
Determination of date
(3) The Commission must determine the date on which:
(a) for additional compensation under subsection (1)—the person became entitled to compensation under this section by satisfying paragraph (1)(b) and section 72 (if applicable); and
(b) for additional compensation under subsection (2)—the person became entitled to compensation under this section by satisfying paragraph (2)(a).