Document ID: chunk:federal_register_of_legislation:F2023L00203:clause:1_33
Version: federal_register_of_legislation:F2023L00203
Segment Type: clause
Provision Reference: sch 1 cl 33
Character Range: 33967–34984

33         In the case of a deceased employee, the assessor must still have regard to all of the matters specified in subsection 24(2) of the SRC Act. Consequently, assessing the degree of permanent impairment of the employee immediately prior to death will not necessarily be appropriate. For example:
      a)      if there was a likelihood of improvement in the employee's condition or the employee had not undertaken all reasonable rehabilitative treatment for the impairment – the degree of impairment of the employee immediately prior to death will not be appropriate if the degree of permanent impairment resulting from the injury was likely to be less after the improvement or treatment; or
      b)      if the injury resulted in systemic failure of vital organs leading to the employee's death – the degree of impairment of the employee immediately prior to death will be appropriate if the degree of permanent impairment resulting from the injury was not likely to have improved or responded to treatment.