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3.3.1 Introduction


Compensation may not be paid under S24 or S25 of the SRCA unless the impairment which is the subject of the claim is 'permanent' which is defined in S4(1) as meaning 'likely to continue indefinitely'.

Section 24(2) states:

24(2) For the purpose of determining whether an impairment is permanent Comcare shall have regard to:

a)the duration of the impairment

b)the likelihood of improvement in the employee's condition

c)whether the employee has undertaken all reasonable rehabilitative treatment for the impairment, and

d)any other relevant matters.

Note that whether an impairment is 'permanent' is a separate issue from whether it is 'stable'. S25 of the Act clearly envisages that the degree of an impairment may increase over time, even though it is already permanent.