Div 7Permanent impairment—non‑economic loss

Division 7—Permanent impairment—non‑economic loss 57—Prescribed sum (1) For the purposes of this Division, the prescribed sum is— (a) unless a regulation has been made under paragraph (b)—$472 000 (indexed); or (b) a greater amount prescribed by regulation for the purposes of this definition. (2) In connection with the operation of subsection (1)— (a) the amount to be applied with respect to a particular injury is the amount applying under that subsection at the time of the occurrence of that injury; and (b) an amount prescribed by regulation under paragraph (b) of that subsection must be indexed so as to provide annual adjustments according to changes in the CPI. 58—Lump sum payments—non‑economic loss (1) Subject to this Act, if a worker suffers a work injury resulting in permanent impairment as assessed under Part 2 Division 5, the worker is entitled (in addition to any entitlement apart from this section) to compensation for non‑economic loss by way of a lump sum. (2) An entitlement does not arise under this section if the worker's degree of whole person impairment from physical injury is less than 5%. (3) An entitlement does not arise under this section in relation to a psychiatric injury or consequential mental harm. (4) Subject to this section, the lump sum will be an amount that represents a portion of the prescribed sum calculated in accordance with the regulations. (5) Regulations made for the purposes of subsection (4) must provide for compensation that at least satisfies the requirements of Schedule 8 taking into account the assessment of whole person impairment undertaken for the purposes of this Division. (6) If a worker suffers 2 or more impairments arising from the same injury or cause— (a) those impairments will be assessed together and combined to determine the degree of impairment of the worker (using any principle set out in the Impairment Assessment Guidelines); and (b) the worker is not entitled to receive compensation by way of lump sum under subsection (4) in respect of those impairments in excess of the prescribed sum. (7) If— (a) a work injury consists of the aggravation, acceleration, exacerbation, deterioration or recurrence of a prior work injury; and (b) compensation by way of lump sum has been previously paid under this section, or a corresponding previous enactment, there will be a reduction of the lump sum payable under this section in respect of the injury by the amount of the previous payment unless such a reduction is incorporated into the provisions of the Impairment Assessment Guidelines. (8) For the purposes of this section, any degree of impairment will be assessed in accordance with Part 2 Division 5 (and the Impairment Assessment Guidelines). (9) Only 1 claim may be made under this Division in respect of any impairments that have been combined as provided by section 22 and this section (and any impairment or impairments that are not combined under section 22 will not be combined under this section). (11) Compensation is not payable under this section after the death of the worker concerned.