210Definitions

210 Definitions

compensation law means this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 or a workers compensation law of the Commonwealth or another State or Territory of the Commonwealth;

S. 210(1) def. of further EPD injury inserted by No. 10/2022 s. 64(c).

further EPD injury means an increase in the degree of impairment of a worker who has on one or more occasions suffered a prior EPD injury;

S. 210(1) def. of further injury substituted as further hearing injury by No. 10/2022 s. 64(a).

further hearing injury means a further loss of hearing in respect of industrial deafness after a worker has on one or more occasions suffered a prior hearing injury;

S. 210(1) def. of further EPD injury inserted by No. 10/2022 s. 64(c).

prior EPD injury means an eligible progressive disease for which a worker has received or become entitled to receive compensation for impairment;

S. 210(1) def. of prior injury substituted as prior hearing injury by No. 10/2022 s. 64(b).

prior hearing injury means industrial deafness for which the worker has received or become entitled to receive compensation for loss of hearing;

prior hearing loss means a loss of hearing for which a worker has received compensation under a compensation law for loss of hearing;

relevant date, in relation to the calculation of the amount of non-economic loss under this Division, means—

(a) if the worker's impairment benefit rating is not more than 70 per cent, the date of the relevant injury; or

(b) if the worker's impairment benefit rating is more than 70 per cent, the date on which the calculation is made;

spinal impairment means a whole person impairment derived solely in accordance with section 3.3 of Chapter 3 of the A.M.A Guides, without inclusion of any other impairment.

(2) For the purposes of this Division, a worker's impairment benefit rating is—

(a) if the worker's degree of impairment consists of, or includes, a whole person impairment assessed in accordance with Chapter 3 of the A.M.A Guides and that whole person impairment is not less than 5 per cent and not more than 29 per cent—