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General Handbook
Ch 64 Repealed Compensation Acts
64.2 1930 Act
- 64.2.2 Lump-sum compensation for losses under the 1930 Act
External
A claimant may be entitled to lump-sum compensation under the 1930 Act if the claimed impairment is of a kind specified in S12 or Schedule 3 of that Act:
12(1) Subject to this Act, where an employee sustains, by accident arising out of or in the course of his employment, any of the injuries specified in Part I. of the Third Schedule to this Act, the compensation payable shall, when the injury results in incapacity other than total and permanent incapacity for work, be the amount of $12,000.
12(1AA) Subject to this Act, where an employee sustains, by accident arising out of or in the course of his employment, any of the injuries specified in the first column of Part II. of the Third Schedule to this Act, the compensation payable shall, when the injury results in incapacity other than total and permanent incapacity for work, be the amount equal to such percentage of the amount specified in the last preceding Subsection as is specified in the second column of that Part opposite the specification of the injury in the first column.
12(1A) Upon payment of an amount under this section the employee shall not be entitled to any payment in accordance with sub-paragraph (b) or sub-paragraph (c) of paragraph (1) of the First Schedule to this Act in respect of a period of incapacity for work resulting from the injury, but the amount payable under this section shall not be subject to any deduction in respect of any amount previously paid to the employee in accordance with either of those sub-paragraphs.
12(2) Where an employee habitually used his left hand and arm to perform work usually performed by an employee with his right hand and arm, the compensation payable to the first mentioned employee under this section shall be:
a)for the loss of his left arm or any part thereof– the amount which would have been payable to an employee for a similar loss in respect of his right arm or the corresponding part thereof, and
b)for the loss of his right arm or any part thereof– the amount which would have been payable to an employee for a similar loss in respect of his left arm or the corresponding part thereof.
12(3) Where an employee sustains an injury which causes the loss of the sight of both eyes or of an only useful eye, any compensation previously paid under this section in respect of loss of sight shall be deducted from the compensation payable under this section.
12(4) Where an employee sustains an injury which causes partial and permanent loss of the sight of one eye, there shall be payable an amount of compensation equivalent to such percentage of the amount of compensation payable under this section in respect of the loss of the sight of one eye as is equal to the percentage of the diminution of sight.
12(5) Where an employee sustains an injury which causes partial and permanent loss of the efficient use of a part of the body specified in the Third Schedule to this Act in and for the purposes of his employment at the date of the injury, there shall be payable an amount of compensation equivalent to such percentage of the amount of compensation payable under this section in respect of the loss of that part as is equal to the percentage of the diminution of the efficient use of that part.
12(6) For the purposes of this section and of the Third Schedule to this Act, the loss of a specified part of the body shall be deemed to include:
a)the permanent loss of the use of that part, and
b)the permanent loss of the efficient use of that part in and for the purposes of his or her employment.
Please refer to The Third Schedule, Section 12 of the 1930 Act for specific details of conditions covered for Permanent Impairment purposes. These details are also included in the Permanent Impairment Calculator.
References
Repealed Compensation Acts: Chapter 64
- MCRI 18 : Claims for non-economic loss in respect of permanent impairments which occurred before 1 December 1988.
- JPA 2001/13 : Claims for non-economic loss in respect of permanent impairments which occurred before 1 December 1988 (October 2001).
- JPA 2001/04 : Claims for non-economic loss in respect of permanent impairments which occurred before 1 December 1988 (April 2001).
- DCI 8 : MRCC Policy for Determination of Claims for Permanent Impairment Arising from Injuries Occurring Before 1 December 1988.