The provisions covering eye and sight impairment in S39 of the 1971 Act are quite complex, they state:
39(1) Subject to this section, where an injury to an employee results in a loss specified in Subsection (2), the compensation payable in respect of that injury is $59,980 or such higher amount as is prescribed, and that compensation is payable to the employee.
39(2) The losses referred to in Subsection (1) are as follows:
a)loss of, or total loss of sight of, both eyes, and
b)loss of, or total loss of sight of, a useful eye, the other being blind or absent.
39(3) Subject to this section, where an injury to an employee, not being an injury resulting in a loss in relation to which Subsection (1) applies, results in a loss specified in Subsection (4), the compensation payable in respect of that injury is an amount equal to such percentage of $28,000 or, if an amount is prescribed for the purposes of Subsection (1), of that amount as is specified in Subsection (4) in relation to that loss, and that compensation is payable to the employee.
39(4) The losses and percentages referred to in Subsection (3) are the losses and percentages set out in the following table:
|
Nature of Loss |
% |
|||
|
Loss of, or total loss of sight of, an eye |
40 |
|||
39(5) If the one injury results in loss of, or total loss of sight of, one eye, and partial loss of sight of the other eye, by an employee, the last preceding subsection has effect in relation to the first-mentioned eye as if the reference in that subsection to 40% were a reference to 50%.
39(6) The compensation payable under this Act in respect of any injury resulting in partial loss of sight of an eye by an employee is such percentage of the amount of compensation that would be payable under this section in respect of an injury resulting in total loss of sight of that eye as is the percentage by which the injury to the employee resulted in the sight of that eye immediately before the injury being reduced.
39(7) For the purposes of the application of Subsection (6), if the injury resulting in partial loss of sight of an eye by an employee also resulted in loss of the other eye or total or partial loss of sight of the other eye, the amount of compensation that would be payable under this section in respect of any injury resulting in total loss of sight of the first-mentioned eye shall be taken to be $14,000 or such higher amount as is prescribed.
39(8) For the purposes of Subsections (5) and (7), two or more injuries to an employee that are sustained at the same time shall be treated as one injury.