12.7.9 Impairments of fingers, toes, sense of taste and smell and hearing loss

The exceptions to the 10 impairment points requirement are impairments of the fingers, the toes, the sense of taste and smell, and hearing loss.

For these impairments, section 69(2) of the MRCA requires that a claimant is only eligible for PI compensation where the impairment suffered as a result of one of those conditions alone constitutes 5 impairment points.  In other words, impairment points from more than one other condition cannot be combined to meet the 5 impairment point requirement.  Once the claimant meets the 5 point threshold for one of these conditions alone, impairment from other conditions can be combined in order to calculate the amount of PI payable, provided the relevant threshold of 10 impairment points is met.

In circumstances where it appears the client will not meet the threshold requirements for payment of compensation for loss of hearing under either the DRCA or MRCA individually due to apportionment under GARP M, it should be referred to Benefits & Payments Policy for advice specific to the individual circumstances of the case.