Toe impairments
Toe impairments which compensated under this element of the Table of Injuries in the 1930 Act are:
|
Nature of Injury |
Percentage |
|
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 |
Note that certain losses affecting toes are covered under other descriptions:
- Loss of foot: “Leg and Foot Impairments”.
Loss includes permanent loss of use
Loss of a toe includes the permanent loss of the efficient use of the toe (LOEU) because of the effect of s 12(6) of the 1930 Act which states:
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.
Compensation is payable only in respect of the major loss
Where a loss of a part of the body specified in the Table of Injuries in the Third Schedule to the 1930 Act includes the loss of a lesser part, compensation is payable only in respect of the major loss, eg. an employee who has suffered a loss of a right foot is paid for that loss and is not additionally compensated for loss of a right great toe, etc.
Note that the loss of a left toe is a separate injury from loss of the right toe and both losses are compensated by a lump sum. The side of the body affected is asked in a separate question.
If the impairment does not answer one of the general descriptions in the question, “None of the above” should be selected with the result that lump-sum compensation will not be payable to the claimant.
To check whether an impairment is covered by some description of loss other than “Toe Impairments”, return to the previous streaming screen by selecting the “Back” button.
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/defcare-commentary-january-2003/permanent-impairment-calculator/fact-p851-toe-impairment-1930-act/toe-impairments