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5.2.4 Additional Permanent Impairment Compensation for Deterioration

Under subsection 71(2) of the MRCA, if a person has been paid or is entitled to be paid PI (including interim) compensation and one or more of the accepted conditions deteriorates, additional compensation for PI may be paid if:

  • a claim for PI compensation has been lodged in respect of the deterioration of the accepted condition(s);
  • as a result of the natural deterioration of the accepted condition(s), the person's WPI has increased by 5 IPs;
  • the deterioration is directly related to the natural progression of the condition(s);
  • the new impairment is likely to continue indefinitely; and
  • the condition has, or, if more than one condition has been accepted, all of the conditions have, now stabilised.

 

“Natural deterioration” means that a condition has become worse, not that it has been made worse (see Windeyer J in Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR  639-640).  In other words, it must be distinguished from aggravation, and includes a situation whereby a progressive condition increases in gravity by running its ordinary course.