Employability And Incapacity

Under the 1971 Act, payment could not proceed for permanent impairment where an employee was still totally incapacitated for work.  Incapacity implied that the condition from which the employee was suffering was not permanent or stable.

However, the 1988 Act does not include this requirement.  The concepts of 'employability' and 'incapacity' are not included in the assessment of impairment and non-economic loss.  Incapacity is influenced by factors other than the degree of impairment and is compensated by weekly payments which are additional to any permanent impairment awarded.