2.11 Where several conditions combine to produce incapacity

Where there are both accepted compensable conditions and non-compensable conditions contributing to a person’s incapacity, i.e. the incapacity is a result of a combination of causes, delegates should consider whether:

• the compensable component of the whole suite of incapacitating factors would give rise to an incapacity regardless of other factors.

• the compensable condition, when added to any non-compensable conditions, leads to the person becoming incapacitated, or more incapacitated, then liability to make incapacity payments exists.

There are few rules to apply to these very variable circumstances. Delegates must apply their judgement and discretion to establish whether entitlement exists.

Entitlements in respect of an incapacitating medical condition do not cease because the person subsequently develops an additional non-compensable condition of greater severity. An entitlement to weekly payments continues while the incapacitating effects of that original, compensable condition also continue.

Where the person was already partially incapacitated due to a compensable condition/s before the introduction of non-compensable factors, then the non-compensable factors are probably not relevant, and liability to make incapacity payments continues.  Alternatively, where the person was already incapacitated due to the non-compensable condition/s before the introduction of compensable condition/s, and the compensable conditions do not increase that incapacity, then the compensable factors are probably not relevant, and liability to make incapacity payments does not exist.