Relevance of this question

Relevance of this question

Section 42(1) of the 1971 Act provided for lump-sum compensation where a member suffered an injury which resulted in the “total and permanent loss of the sense of taste” and s 42(2) provided for lump-sum compensation where a member suffered an injury which resulted in the “total and permanent loss of the sense of smell”.

This question is testing whether there has been a “total and permanent loss” of one of the senses, certified as such by a medical board under s 42(5) of the 1971 Act:

42(5)The members of the medical board shall, in accordance with the next succeeding sub-section, give to the Commissioner a certificate or certificates, as prescribed, stating whether they are of the opinion that the injury resulted in total and permanent loss of the sense of taste or smell by the employee.

Where the loss occurred, or became permanent, after 1 December 1988, compensation is payable under s 24 of the SRC Act at a rate of 5% WPI (“complete loss of olfaction or taste”) under Table 7.2 (Miscellaneous Ear, Nose and Throat Disorders) of the Approved Guide.