40Interim payment of compensation

#### 40 Interim payment of compensation (1) If an employer: (a) makes a determination that an employee 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; the employer must, on the written request of the employee made at any time before the final determination is made, make an interim determination of the degree of permanent impairment under section 39 and assess an amount of compensation payable to the employee. (2) The amount assessed under subsection (1) must be an amount that is the same percentage of the maximum amount specified in subsection 39(9) as the percentage worked out in the interim determination under subsection (1) to express the degree of permanent impairment of the employee. (3) If, after an amount of compensation has been paid to an employee following the making of an interim determination, a final determination is made of the degree of permanent impairment of the employee, there is payable to the employee an amount equal to the difference (if any) between the amount payable under section 39 on the making of the final determination and the amount paid to the employee under this section. (4) If a final assessment is made of the degree of permanent impairment of an employee, no further amounts of compensation are payable to the employee in respect of a subsequent increase in the degree of impairment, unless the increase is 10% or more.