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9.1.6 Percentage loss of sight in eye - S12(4), 1930 Act
Section 12(4) of the 1930 Act provides that compensation is payable if an injury causes partial and permanent loss of sight in an eye. Calculation of the amount payable is based on the percentage reduction in sight.
Section 12(4) states:
12(4) Where an employee sustains an injury which causes partial and permanent loss of the sight of one eye, there shall be payable an amount of compensation equivalent to such percentage of the amount of compensation payable under this section in respect of the loss of the sight of one eye as is equal to the percentage of the diminution of sight.
Compensation for partial loss of sight in one eye under the 1930 Act is based on the percentage diminution in sight resulting from a compensable injury.
This means that a client who had only 60% sight in an eye immediately before the injury and has 30% sight after the injury suffers a loss of 50%.
What is required is the proportionate reduction in sight, not the reduction in absolute terms.
Note that, if the injury also resulted in total loss of the other eye, or if the person only has one useful eye, compensation should be assessed as set out in the table above.
Loss of sight should be assessed on the basis of uncorrected vision (e.g. without spectacles or contact lenses) in respect of the client's sight both before and after the compensable injury.