Relevance of this question
This question is testing the nature of the claimed impairment under the lump-sum compensation provisions in s 39 of the 1971 Act. In particular it is testing whether the impairment involves a partial finger impairment.
If the impairment is one of the losses set out in the Table in s 39(4), compensation is payable at a rate calculated in accordance with the specified percentage of the maximum statutory rate.
The relevant part of s 39 states:
39(3)Subject to this section, where an injury to an employee, not being an injury resulting in a loss in relation to which sub-section (1) applies, results in a loss specified in sub-section (4), the compensation payable in respect of that injury is an amount equal to such percentage of $59,980 ... as is specified in sub-section (4) in relation to that loss, and that compensation is payable to the employee.
39(4)The losses and percentages referred to in sub-section (3) are the losses and percentages set out in the following table-
|
NATURE OF LOSS |
% |
|
Loss of, or total loss of sight of, an eye |
40 |
|
Total loss of hearing |
70 |
|
Total loss of power of speech |
70 |
|
Loss of arm at or above elbow |
80 |
|
Loss of arm below elbow, loss of hand or loss of thumb and four fingers of the one hand |
70 |
|
Loss of thumb |
30 |
|
Loss of forefinger |
20 |
|
Loss of middle finger |
16 |
|
Loss of ring finger |
14 |
|
Loss of little finger |
13 |
|
Total loss of movement of joint of thumb |
14 |
|
Loss of distal phalanx or joint of thumb |
16 |
|
Loss of portion of terminal segment of thumb involving one-third of its flexor surface without loss of distal phalanx or joint |
14 |
|
Loss of two phalanges or joints of forefinger |
12 |
|
Loss of two phalanges or joints of middle or ring finger |
11 |
|
Loss of two phalanges or joints of little finger |
10 |
|
Loss of distal phalanx or joint of forefinger |
10 |
|
Loss of distal phalanx or joint of other finger |
8 |
|
Loss of leg at or above knee |
75 |
|
Loss of leg below knee |
65 |
|
Loss of foot |
60 |
|
Loss of great toe |
20 |
|
Loss of any other toe |
8 |
|
Loss of two phalanges or joints of any other toe |
7 |
|
Loss of phalanx or joint or great toe |
10 |
|
Loss of phalanx or joint of any other toe |
6 |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/defcare-commentary-january-2003/permanent-impairment-calculator/fact-p393-partial-finger-impairments-1971-act/relevance-question