Victorian Current Acts Victorian Current Acts(1) Despite section 104B(5AA), a worker who has received or become entitled to receive compensation under section 98C in respect of a serious lung injury may make a further claim for compensation under that section in respect of the injury after undergoing lung transplant surgery.
(2) Compensation referred to in subsection (1) is to be determined in accordance with section 98C(3B), being compensation referrable to a percentage which is the difference between—
(a) the degree of impairment suffered by the worker after undergoing lung transplant surgery; and
(b) the degree of impairment resulting from the worker's serious lung injury, as assessed for the purposes of the earlier claim.
Note
The deemed minimum level of impairment of a worker who has undergone lung transplant surgery is 30 per cent—see section 90C(2).
(3) Compensation payable in accordance with section 98C(3B) is payable in addition to any other compensation payable in accordance with this Act.
S. 91 amended by Nos 67/1992
s. 64(7)(a), 50/1993
s. 78(1)(h), repealed by No.
50/1994
s. 36, new s. 91 inserted by No. 60/1996 s. 9.