Workers Rehabilitation and Compensation Act 1988
72Assessment of degree of impairment
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72 Assessment of degree of impairment
[Section 72 Subsection (1) amended by No. 16 of 1995, s. 91 and Sched. 1 ][Section 72 Substituted by No. 99 of 2000, s. 37, Applied:01 Jul 2001]
(1) [Section 72 Subsection (1) amended by No. 39 of 2017, s. 17, Applied:01 Jan 2018] [Section 72 Subsection (1) amended by No. 65 of 2004, s. 19, Applied:17 Dec 2004] An assessment of a degree of impairment is to be undertaken by an accredited medical practitioner in accordance with –
(a) [Section 72 Subsection (1) amended by No. 39 of 2017, s. 17, Applied:01 Jan 2018] any relevant guidelines, issued under section 71A , as in effect on the date on which the assessment is made; or
(b) [Section 72 Subsection (1) amended by No. 39 of 2017, s. 17, Applied:01 Jan 2018] if there are no such guidelines, the AMA Guides as in effect on the date on which the assessment is made; or
(c) if there are no such guidelines and the AMA Guides are not applicable or are unsuitable, any method as may be prescribed.
(2) In assessing a degree of impairment of an injury –
(a) regard is not to be had to any psychiatric or psychological injury, impairment or symptoms arising as a consequence of, or secondary to, the physical injury; and
(b) the degree may comprise a combination of impairments arising out of the same incident or occurring on the same date assessed together using the combination tables in the AMA Guides; and
(c) if a worker presents for assessment in relation to injuries which occurred on different dates, the impairments are to be assessed separately; and
(d) [Section 72 Subsection (2) amended by No. 85 of 2009, s. 20, Applied:01 Jul 2010] an impairment arising otherwise than from the injury is not to be taken into account in assessing the degree of the impairment resulting from the injury.