These largely re-state the provisions of the Act. Special attention however needs to be paid to some of the principles listed.
-
Permanent - this principle requires amendment. The Courts have made it clear that 'permanent' has its statutory meaning, 'likely to continue indefinitely'. The concluding comments about the recovery process and so on should be ignored.
-
Gradations of impairment - the assessment must be made in accordance with the criteria set down in the guide. An assessment that is not consistent with the gradations specified in the guide is not acceptable.
|
Example |
|
If the guide specifies intervals of 10 and 15%, an assessment of 12.5% cannot be accepted. |
-
Double assessment - be careful to ensure that the employee is not paid twice for the same impairment.
|
Example |
|
If an employee has an arm amputated at the elbow, loss of fingers cannot be assessed in addition to the amputation. |
-
Inapplicability of the guide - in the unlikely event that an impairment cannot be assessed under the guide, Comcare (not the examining doctor or solicitor) may direct that the American Guides be used.
-
Likelihood of reduction in impairment - if the impairment may be reduced or removed through reasonable medical treatment, assessment should be deferred. Should an employee unreasonably refuse to follow medical advice, determination may be refused (Fazlic v Milingimbi Community Inc refers).
-
Aggravation - in cases of aggravation, every effort should be made to separate the compensable effects of the injury or disease from the effects of the pre-existing or underlying condition.