37Interim payment of compensation

37  Interim payment of compensation

 (1) If Comcare:

 (a) makes a determination that a covered person is suffering from a permanent impairment as a result of an injury; and

 (b) is satisfied that the degree of the impairment is equal to or more than 10% but has not made a final determination of the degree of impairment;

Comcare must, on the written request of the covered person made at any time before the final determination is made, make an interim determination of the degree of permanent impairment under section 36 and assess an amount of compensation payable to the covered person.

 (2) The amount assessed by Comcare under subsection (1) must be an amount that is the same percentage of the maximum amount specified in subsection 36(10) as the percentage determined by Comcare under subsection (1) of this section to be the degree of permanent impairment of the covered person.

 (3) If, after an amount of compensation has been paid to a covered person following the making of an interim determination, Comcare makes a final determination of the degree of permanent impairment of the covered person, there is payable to the covered person an amount equal to the difference (if any) between the amount payable under section 36 on the making of the final determination and the amount paid to the covered person under this section.

 (4) If Comcare has made a final assessment of the degree of permanent impairment of a covered person (other than a hearing loss), no further amounts of compensation are payable to the covered person in respect of a subsequent increase in the degree of impairment, unless the increase is 10% or more.

 (5) If Comcare has made a final assessment of the degree of permanent impairment of a covered person constituted by a hearing loss, no further amounts of compensation are payable to the covered person in respect of a subsequent increase in the hearing loss, unless the subsequent increase in the degree of binaural hearing loss is 5% or more.