Document ID: chunk:federal_register_of_legislation:F2023L00223:clause:1_36
Version: federal_register_of_legislation:F2023L00223
Segment Type: clause
Provision Reference: sch 1 cl 36
Character Range: 33761–35438

36         Where the pre-existing condition was previously symptomatic, the following method must be applied:
      a)      The assessor should, where possible, assess the degree of permanent impairment resulting from the pre-existing condition by reference to the available evidence (for example, clinical records, investigations, reported histories) and/or by using clinical judgment.
      b)      Where it is possible to assess the degree of permanent impairment resulting from the pre-existing condition, the assessor should, where possible, isolate the permanent impairment resulting from the injury (for example, by comparing the degree of permanent impairment resulting from the pre-existing condition with the degree of permanent impairment resulting from the injury to assess whether there has been an increase in the employee's whole person impairment). Only the permanent impairment resulting from the injury is to be included in the assessment of the degree of permanent impairment of the employee.
      c)       Where it is not possible to assess the degree of permanent impairment resulting from the pre-existing condition, or it is not possible to isolate the permanent impairment resulting from the injury, the assessment of the degree of permanent impairment of the employee resulting from the injury is to be made by reference to the totality of effects of the pre-existing condition and the injury.
      d)      The percentage of permanent impairment suffered by an employee as a result of a particular injury ascertained by applying this method may be 0%.

PRE-EXISTING CONDITIONS AND INJURY OTHER THAN AGGRAVATION, TO SAME BODY PART, SYSTEM OR FUNCTION