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WORKERS COMPENSATION ACT 1987 - SECT 68B
Deductions for previous injuries and pre-existing conditions--operation of sections 15, 16, 17 and 22
68B Deductions for previous injuries and pre-existing conditions--operation of
sections 15, 16, 17 and 22
(1) When determining the compensation payable in respect of permanent
impairment for the purposes of the apportionment of liability under
section 22, there is to be no deduction under section 323 of the 1998 Act for
any proportion of the impairment that is due to an injury in respect of which
liability is to be apportioned (but without affecting any deduction under that
section for any proportion of the impairment that is due to any other injury
or that is due to any pre-existing condition or abnormality).
(2) When
determining the compensation payable by an employer in a case in which
section 15 applies (disease of such a nature as to be contracted by a gradual
process), section 323 of the 1998 Act applies to that compensation subject to
the following-- (a) there is to be no deduction under section 323 of
the 1998 Act for any proportion of the permanent impairment that is due to the
worker's employment in previous relevant employment (as defined in paragraph
(b)) except any such proportion for which compensation under this Division (as
in force at any time) or section 16 of the former Act has been paid or is
payable,
(b) for the purposes of paragraph (a),
"previous relevant employment" is employment to the nature of which the
disease was due by a previous employer who is liable under section 15 to
contribute in respect of the compensation being determined (or who would be so
liable if the requirement to contribute were not limited to employers who
employed the worker during a particular period),
(c) in the case of permanent
impairment of the back, neck or pelvis, a reference in this subsection to
previous relevant employment is limited to employment after the commencement
of this Act.
(3) When determining the compensation payable by an employer in
a case in which section 16 applies (an injury that consists in the
aggravation, acceleration, exacerbation or deterioration of a disease),
section 323 of the 1998 Act applies to that compensation subject to the
following-- (a) there is to be no deduction under section 323 of the 1998 Act
for any proportion of the impairment that is due to the worker's employment in
previous relevant employment (as defined in paragraph (b)) except any such
proportion for which compensation under this Division (as in force at any
time) or section 16 of the former Act has been paid or is payable,
(b) for
the purposes of paragraph (a),
"previous relevant employment" is employment that was a substantial
contributing factor to the aggravation, acceleration, exacerbation or
deterioration by a previous employer who is liable under section 16 to
contribute in respect of the compensation being determined (or who would be so
liable if the requirement to contribute were not limited to employers who
employed the worker during a particular period),
(c) in the case of permanent
impairment of the back, neck or pelvis, a reference in this subsection to
previous relevant employment is limited to employment after the commencement
of this Act.
(4) When determining the compensation payable by an employer in
a case in which section 17 applies (loss or further loss of hearing), section
323 of the 1998 Act applies to that compensation subject to the following--
(a) there is to be no deduction under section 323 of the 1998 Act for any
proportion of the impairment that is due to the worker's employment in
previous relevant employment (as defined in paragraph (b)) except any such
proportion for which compensation under this Division (as in force at any
time) or section 16 of the former Act has been paid or is payable,
(b) for
the purposes of paragraph (a),
"previous relevant employment" is employment to the nature of which the
disease was due by a previous employer who is liable under section 17 to
contribute in respect of the compensation being determined (or who would be so
liable if the requirement to contribute were not limited to employers who
employed the worker during a particular period).
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