Document ID: chunk:federal_register_of_legislation:F2023L00364:reg:4:p9
Version: federal_register_of_legislation:F2023L00364
Segment Type: reg
Provision Reference: reg 4 (pt 9/13)
Character Range: 26819–29753

following:

      (a)   the duration of the impairment;

      (b)   the likelihood of improvement in the employee's condition;

      (c)    whether the employee has undertaken all reasonable rehabilitative treatment for the impairment;

      (d)   any other relevant matters.
    40 An impairment will generally be regarded as permanent when the recovery process has been completed, that is, when the full and final effects of convalescence, the natural healing process and active (as opposed to palliative) medical treatment have been achieved.

Impairment tables
    41 The impairment tables in Division 1 are based on the concept of "whole person impairment", which is drawn from the AMA Guides.
    42 Evaluation of whole person impairment is a medical appraisal of the nature and extent of the effect of an injury or disease on a person's functional capacity and activities of daily living.
    43 As with the AMA Guides, Division 1 is structured by assembling detailed descriptions of impairments into groups according to body system and expressing the extent of each impairment as a percentage value of the functional capacity of a normal healthy person. Thus a percentage value can be assigned to an employee's impairment by reference to the relevant description in this Guide.

Gradations of impairment
    44 Each table in Division 1 contains impairment values at gradations of 5% or multiples of 5%. Where it is not clear which of 2 impairment values is more appropriate, the relevant authority has the discretion to determine which value properly reflects the degree of impairment.
    45 There is no discretion to choose an impairment value not specified in Division 1. For example, where 10% and 20% are specified values there is no discretion to determine impairment as 15%.
    46 Where a table in Division 1 provides for impairment values within a range, consideration will need to be given to all criteria applicable to the condition, which includes performing activities of daily living and an estimate of the degree to which the medical impairment interferes with these activities.
    47 In some cases, additional information may be required to determine where to place an individual within the range. The person conducting the assessment must provide written reasons why the person considers the selected point within the range as clinically justifiable.

Combined impairments

    Multiple impairments
    48 Impairment is system or function based.  A single injury may give rise to multiple loss of function. When more than one table in Division 1 applies to a single injury, separate scores should be allocated to each functional impairment.

         Note: The scores are then combined using Table 14.1 (Combined values chart). See also Double assessment.

    Multiple injuries
    49 Where there is an initial injury which results in impairment, and a second injury which results in impairment to the