Relevance of this question
This question is a high level “streaming” question designed to identify the general nature of the impairment which the claimant suffered under the 1930 Act.
A claimant may be entitled to lump-sum compensation under the 1930 Act if the claimed impairment is of a kind specified in s 12 or Schedule 3 of that Act:
12(1) Subject to this Act, where an employee sustains, by accident arising out of or in the course of his employment, any of the injuries specified in Part I. of the Third Schedule to this Act, the compensation payable shall, when the injury results in incapacity other than total and permanent incapacity for work, be the amount of $12,000.
12(1AA) Subject to this Act, where an employee sustains, by accident arising out of or in the course of his employment, any of the injuries specified in the first column of Part II. of the Third Schedule to this Act, the compensation payable shall, when the injury results in incapacity other than total and permanent incapacity for work, be the amount equal to such percentage of the amount specified in the last preceding sub-section as is specified in the second column of that Part opposite the specification of the injury in the first column.
12(1A) Upon payment of an amount under this section the employee shall not be entitled to any payment in accordance with sub-paragraph (b) or sub-paragraph (c) of paragraph (1) of the First Schedule to this Act in respect of a period of incapacity for work resulting from the injury, but the amount payable under this section shall not be subject to any deduction in respect of any amount previously paid to the employee in accordance with either of those sub-paragraphs.
12(2) Where an employee habitually used his left hand and arm to perform work usually performed by an employee with his right hand and arm, the compensation payable to the first mentioned employee under this section shall be–
(a) for the loss of his left arm or any part thereof– the amount which would have been payable to an employee for a similar loss in respect of his right arm or the corresponding part thereof; and
(b) for the loss of his right arm or any part thereof– the amount which would have been payable to an employee for a similar loss in respect of his left arm or the corresponding part thereof.
12(3) Where an employee sustains an injury which causes the loss of the sight of both eyes or of an only useful eye, any compensation previously paid under this section in respect of loss of sight shall be deducted from the compensation payable under this section.
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.
12(5) Where an employee sustains an injury which causes partial and permanent loss of the efficient use of a part of the body specified in the Third Schedule to this Act in and for the purposes of his employment at the date of the injury, 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 that part as is equal to the percentage of the diminution of the efficient use of that part.
12(6) For the purposes of this section and of the Third Schedule to this Act, the loss of a specified part of the body shall be deemed to include–
(a) the permanent loss of the use of that part; and
(b) the permanent loss of the efficient use of that part in and for the purposes of his employment at the date of the injury.
THE THIRD SCHEDULESection 12
PART I.
INJURIES IN RESPECT OF WHICH THE AMOUNT OF COMPENSATION SPECIFIED IN SECTION 12 (1) IS PAYABLE
Loss of both eyes
Loss of an only useful eye, the other being blind or absent
Loss of both hands
Loss of hand and foot
Loss of both feet
PART II.
INJURES IN RESPECT OF WHICH A PERCENTAGE OF THE AMOUNT OF COMPENSATION SPECIFIED IN SECTION 12 (1) IS PAYABLE
|
First Column Nature of Injury |
Second Column Percentage |
|
|
Loss of one eye, with serious diminution of the sight of the other |
75 |
|
|
Loss of one eye |
40 |
|
|
Loss of hearing |
70 |
|
|
Complete deafness of one ear |
20 |
|
|
Loss of right arm or greater part of right arm |
80 |
|
|
Loss of left arm or greater part of left arm |
72 |
|
|
Loss of lower part of right arm, right hand or five fingers of right hand |
70 |
|
|
Loss of lower part of left arm, left hand or five fingers of left hand |
63 |
|
|
Loss of right thumb |
30 |
|
|
Loss of left thumb |
27 |
|
|
Loss of right forefinger |
20 |
|
|
Loss of left forefinger |
18 |
|
|
Loss of right middle finger |
16 |
|
|
Loss of left middle finger |
15 |
|
|
Loss of right ring finger |
14 |
|
|
Loss of left ring finger |
13 |
|
|
Loss of right little finger |
13 |
|
|
Loss of left little finger |
12 |
|
|
Loss of total movement of joint of right thumb |
14 |
|
|
Loss of total movement of joint of left thumb |
13 |
|
|
Loss of distal phalanx or joint of right thumb |
16 |
|
|
Loss of distal phalanx or joint of left thumb |
15 |
|
|
Loss of portion of terminal segment of right thumb involving one-third of its flexor surface without loss of distal phalanx or joint |
14 |
|
|
Loss of portion of terminal segment of left thumb involving one-third of its flexor surface without loss of distal phalanx or joint |
13 |
|
|
Loss of two phalanges or joints of right forefinger |
12 |
|
|
Loss of two phalanges or joints of left forefinger |
11 |
|
|
Loss of two phalanges or joints of right middle or ring finger |
11 |
|
|
Loss of two phalanges or joints of left middle or ring finger |
10 |
|
|
Loss of two phalanges or joints of right little finger |
10 |
|
|
Loss of two phalanges or joints of left little finger |
9 |
|
|
Loss of distal phalanx or joint of right forefinger |
10 |
|
|
Loss of distal phalanx or joint of left forefinger |
9 |
|
|
Loss of distal phalanx or joint of other finger of right hand |
8 |
|
|
Loss of distal phalanx or joint of other finger of left hand |
7 |
|
|
Loss of leg 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 of 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-p844-nature-impairment-1930-act/relevance-question