New South Wales Consolidated Acts
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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 323
Deduction for previous injury or pre-existing condition or abnormality
323 Deduction for previous injury or pre-existing condition or abnormality
(1) In assessing the degree of permanent impairment resulting from an injury,
there is to be a deduction for any proportion of the impairment that is due to
any previous injury (whether or not it is an injury for which compensation has
been paid or is payable under Division 4 of Part 3 of the 1987 Act) or that is
due to any pre-existing condition or abnormality.
(2) If the extent of a
deduction under this section (or a part of it) will be difficult or costly to
determine (because, for example, of the absence of medical evidence), it is to
be assumed (for the purpose of avoiding disputation) that the deduction (or
the relevant part of it) is 10% of the impairment, unless this assumption is
at odds with the available evidence.
Note : So if the degree of permanent
impairment is assessed as 30% and subsection (2) operates to require a 10%
reduction in that impairment to be assumed, the degree of permanent impairment
is reduced from 30% to 27% (a reduction of 10%).
(3) The reference in
subsection (2) to medical evidence is a reference to medical evidence accepted
or preferred by the medical assessor in connection with the medical assessment
of the matter.
(4) The Workers Compensation Guidelines may make provision for
or with respect to the determination of the deduction required by this
Note : Section 68B of the 1987 Act makes provision for how this
section applies for the purpose of calculating workers compensation lump sum
benefits for permanent impairment and associated pain and suffering in cases
to which section 15, 16, 17 or 22 of the 1987 Act applies.
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