Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 71

Additional compensation for impairment from another service injury or disease

  (1)   The Commonwealth is liable to pay additional compensation to a person who has been paid, or is entitled to be paid, compensation under this Part (including interim compensation under section   75) if:

  (a)   the Commission has accepted liability for one or more additional service injuries or diseases of the person (other than the original compensable condition in respect of which the person is entitled to be paid compensation); and

  (b)   the Commission is satisfied that:

  (i)   as a result of the additional injuries or diseases, the person suffers additional impairment; and

  (ii)   the additional impairment is likely to continue indefinitely; and

  (iii)   the increase in the person's overall impairment constitutes at least 5 impairment points; and

  (iv)   each of the person's additional injuries or diseases have stabilised; and

  (c)   a claim for compensation in respect of the person has been made under section   319.

Note 1:   The impairment points from more than one service injury or disease can be combined to make up the 5 impairment points needed for compensation to be payable.

Note 2:   This subsection might also be affected by sections   72 (aggravations), 73 (indefinite impairments) and 389 (choice to institute action for damages).

Additional compensation for deterioration of original condition

  (2)   The Commonwealth is liable to pay additional compensation to a person who has been paid, or is entitled to be paid, compensation under this Part (including interim compensation under section   75) for the compensable condition if:

  (a)   the Commission is satisfied that:

  (i)   the person has suffered additional impairment as a result of a deterioration in the person's compensable condition; and

  (ii)   the additional impairment is likely to continue indefinitely; and

  (iii)   the deterioration is directly related to the natural progression of the compensable condition; and

  (iv)   the increase in the person's overall impairment constitutes at least 5 impairment points; and

  (v)   the person's compensable condition has stabilised; and

  (b)   a claim for compensation in respect of the person has been made under section   319.

Note 1:   This subsection might be affected by sections   72 (aggravations etc.) and 73 (indefinite impairments).

Note 2:   The Commission must be notified of the deterioration (see paragraph   77(3)(a)).

Determination of date

  (3)   The Commission must determine the date on which:

  (a)   for additional compensation under subsection   (1)--the person became entitled to compensation under this section by satisfying paragraph   (1)(b) and section   72 (if applicable); and

  (b)   for additional compensation under subsection   (2)--the person became entitled to compensation under this section by satisfying paragraph   (2)(a).