Current NEL scores for reassessments with multiple impairments

Current NEL scores for reassessments with multiple impairments

The structure of s 27(1) of the SRC Act restricts to just one the number of NEL assessments in respect of “that injury or impairment”.  In other words, regardless of the number of impairments arising from an injury (or claim), one s 27 NEL assessment covers all impairments.  The amount of s 27 compensation may be reassessed if the degree of impairment subsequently increases by 10% or more (s 25(4)), or by 2.5% WPI or more in the case of binaural hearing loss (s 25(5)).

The Permanent Impairment Calculator mirrors this structure by collecting only one set of current NEL scores (and one set of previous NEL scores if a reassessment) for all impairments arising from an injury or claim.

Where a reassessment is being conducted, the Calculator establishes the Part B amount of NEL compensation by subtracting the previous weighted NEL scores from the current weighted NEL scores and then multiplying this score by the current maximum statutory amount.

Where there has been an increase in all impairments the user simply enters the combined loss of all impairments into the current score fields.

Where one impairment has not increased a slightly different approach is required.  The table below illustrates this.  In a recent case, a reassessment of a 10% WPI awarded for a leg impairment in 1997 (column A) was conducted in light of a psychological sequelae assessed at 20% WPI (the leg remained at 10%).  In this case, the assessor entered the previous NEL scores for the leg and current NEL scores for the psychological condition (column B).  This had the unintended result of deducting the previous weighted NEL scores for the leg from the current weighted psych scores, reducing the legitimate entitlement to additional compensation.

Where there has been no increase in the %WPI of one impairment, the current NEL score entered in the Calculator should be the higher of the previous score or the current score (excluding the effects of the impairment which has not increased); see column C. This has the effect of compensating only for the impairment(s) that have increased.