Relevance of this question

Relevance of this question

This question primarily is testing whether s 55(4) of the SRC Act applies with the effect that a payment of compensation for non-economic-loss (NEL) under s 27 will not be made where the client died before the amount of compensation for NEL was assessed and determined.

The relevant subsections in s 55 state:

Survival of Claims

55(1)Where a person who is entitled to make a claim for compensation under this Act dies without making a claim, a claim may be made by the person's personal representative.

55(2)A claim is not affected by the death of the claimant after the claim was served.

55(3)...

55(4)This section does not apply in relation to a claim for compensation under section 27.

Note that the information gathered in this question - whether or not the client is deceased - is also used by the Permanent Impairment Calculator to draw certain relevant inferences (eg. if the client is not deceased, it is inferred that the injury did not result in death).

In effect s 55 allows a claim for PI to be made, assessed and paid after the death of the member only under s 24.  As long as liability can be found to exist for the injury and the degree of permanent impairment is capable of being assessed medically, the claim for permanent impairment under s 24 can be processed irrespective of the timing of the claim (ie. whether or not a claim for, or determination of liability, has been made prior to the death).  When determining if an impairment is capable of being assessed, it should be noted that s 24 is designed to compensate a person for the difficulties and inconveniences suffered as a result of having to live with a disability.