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5.8.6 NEL Questionnaire

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As non-economic loss has both physiological and lifestyle aspects, it is desirable for the assessment to be completed with input from both the claimant and the examining doctor. As a general rule the NEL questionnaire would be completed by the examining doctor in consultation with the claimant.

Comments are required to justify which descriptor/level of effect is identified in the process. The delegates would then satisfy themselves as to the validity of the responses (including by examining medical reports etc.) and confirm or otherwise the ratings in the letter of offer to the claimant.

However there will be circumstances where this is not appropriate. This could be where a hearing loss claim is assessed by an audiologist or just by using service medical records. In those situations completion just by the claimant and review by the delegate is appropriate.

References
  • Guide to the Assessment of the Degree of Permanent Impairment, 2nd edition
  • JPA 2001/13: Claims for non-economic loss in respect of permanent impairments which occurred before 1 December 1988 (October 2001)
  • JPA 2001/04: Claims for non-economic loss in respect of permanent impairments which occurred before 1 December 1988 (April 2001)
  • Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 (No 144/2001), item 21, Part 4, Schedule 2 : Reversal of Schlenert entitlement to NEL
  • Schlenert v Australian and Overseas Telecommunications Corporation (1994) 49 FCR 139: Compensation for NEL in respect of 1930 and 1971 impairments