39Compensation for injuries resulting in permanent impairment

#### 39 Compensation for injuries resulting in permanent impairment (1) If an injury to an employee results in a permanent impairment, compensation is payable to the employee for the injury. (2) For the purpose of determining whether an impairment is permanent, the employer must have regard to the following matters: (a) the duration of the impairment; (b) the likelihood of improvement in the employee’s condition; (c) whether the employee has undertaken all reasonable rehabilitative treatment for the impairment; (d) any other relevant matters. (3) Subject to this section, the amount of compensation payable to the employee is an amount assessed under subsection (4) by the employer, being an amount that is not more than the maximum amount at the date of the assessment. (4) The amount assessed must be an amount that is the same percentage of the maximum amount as the percentage determined under subsection (5). (5) The employer under this section must determine the degree of permanent impairment of the employee resulting from an injury under the provisions of the approved Guide. (6) The degree of permanent impairment must be expressed as a percentage. (7) Subject to section 40, where the degree of permanent impairment of the employee, as determined under this section, is less than 10%, an amount of compensation is not payable to the employee under this section. (8) Subsection (7) does not apply to one or more of the following: (a) the impairment constituted by the loss, or the loss of the use, of a finger; (b) the impairment constituted by the loss, or the loss of the use, of a toe; (c) the impairment constituted by the loss of the sense of taste; (d) the impairment constituted by the loss of the sense of smell. (9) For the purposes of this section, the maximum amount is $100,778.56.