Where a person who has already received a PI compensation lump sum or is receiving periodic PI compensation payments claims additional compensation under section 71 of the MRCA, the additional amount payable is calculated as follows:

• assess WPI which results from the person's accepted conditions using GARP M;
• ascertain the lifestyle effects of all conditions using Chapter 22 of GARP M;
• use Chapter 23 of GARP M to find the appropriate compensation factor for the combined impairment points and lifestyle rating;
• multiply the compensation factor by the current maximum MRCA periodic payment to calculate the gross weekly MRCA payment; and
• subtract from the gross weekly amount the weekly PI that the client is receiving or would be receiving if they had not converted their payment to a lump sum.

The remaining amount is the weekly amount of PI payable for the additional compensation.

Note that for “additional” compensation to be payable under section 71, the increase in the person's overall impairment rating from another service injury or disease (or the deterioration of an original condition) only needs to constitute 5 impairment points.  The same also applies to additional compensation for “aggravations” under section 72 of the MRCA.

Note also that where a person's existing MRCA compensation for a cause of action has been subject to recovery based on receipt of compensation from another source for that same cause of action, the impairment - and therefore the impairment points - attributable to that condition still exist and must be taken into account for any future payment of additional compensation.

Gold Card eligibility where an impairment rating drops below 60 points

Section 281 of the MRCA states that a person is entitled to a Gold Card when assessed at 60 or more impairment points and where the impairment continues to constitute 60 or more impairment points.

When a person is reassessed under s71 and the reassessment results in a level of impairment falling below 60 points, it would be appropriate to consider the previous rating as being the continuing level of impairment for compensation and entitlement purpsoses. This will mean that the existing points can be assigned (allowing the Gold Card eligibility to remain unchanged) and the claim disallowed on the basis that there has not been an increase of 5 points.