22.In keeping with the Full Federal Court's decision Comcare considers that all transitional impairments:
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which were permanent prior to 1/12/88;
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which satisfy the requirements under s39-42 of the 1971 Act;
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which have not yet been paid; and
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irrespective of whether they are 10% or less whole person impairment,
should now be calculated in accordance with the requirements of s124 of the SRC Act. The sum assessed (in accordance with the provisions of section 39-42 of the 1971 Act) is now payable under s24 of the SRC Act and will, therefore, also attract an entitlement under s27.
23.All claims for permanent impairment which have been held in abeyance in accordance with Operational Advice 96/030 should now be determined using the procedures outlined in this Operational Advice.