Document ID: chunk:federal_register_of_legislation:F2023L00364:reg:4:p11
Version: federal_register_of_legislation:F2023L00364
Segment Type: reg
Provision Reference: reg 4 (pt 11/13)
Character Range: 32059–35356

relevant authority must have regard to medical opinion concerning the nature and effect (including possible effect) of the injury and the extent (if any) to which impairment resulting from the injury or non-economic loss resulting from the injury or impairment, may reasonably be capable of being reduced or removed.
    60 In particular, regard must be had to an employee's unreasonable failure or refusal to act in accordance with medical advice or to submit to medical treatment which would reduce the degree of impairment.

Aggravation
    61 A permanent impairment assessment in respect of an aggravation should not be made unless the effects of an aggravation are considered permanent. If the employee's impairment is entirely attributable to a pre-existing or underlying condition, or to the natural progression of such a condition, the assessment for permanent impairment should be nil.
    62 Where it is possible to isolate the compensable effects of an injury upon a pre-existing or underlying condition the assessment of the degree of permanent impairment should reflect only the impairment due to those compensable effects.

Reference
    63 American Medical Association, 2001, Guides to the Evaluation of Permanent Impairment, 5th edition, Chicago: American Medical Association.

        Note:  This is referred to as AMA5 (see the Glossary to this Guide).

Glossary

         Note 1: An expression used in this Guide has the same meaning as in the DRCA, unless the contrary intention appears: see paragraph 13(1)(b) of the Legislation Act 2003.

         Note 2: A number of expressions used in this Guide are defined in the DRCA, including the following (references are to the DRCA):

           (a)     aggravation (subsection 4(1));
           (b)     ailment (subsection 4(1));
           (c)     claim (subsection 4(1));
           (d)     employee (section 5);
           (e)     impairment (subsection 4(1));
           (f)      injury (subsections 4(3) and (8) and sections 5A, 123A and 124);
           (g)     MRCC (short for Military Repatriation and Compensation Commission) (subsection 4(1));
           (h)     non-economic loss (subsection 4(1));
           (i)       permanent (subsection 4(1));
           (j)       relevant authority (subsection 4(1));
           (k)     SRC Act (short for Safety, Rehabilitation and Compensation Act 1988) (subsection 4(1)).

In this Guide:

    activities of daily living means the activities a person needs to perform to function in a non-specific environment (that is, to live). The measure of activities of daily living is a measure of primary biological and psychosocial function. These activities are as follows:

           (a)   the ability to receive and to respond to incoming stimuli;
           (b)   standing;
           (c)   moving;
           (d)   feeding (including eating, but not including the preparation of food);
           (e)   control of bladder and bowel;
           (f)     self-care (for example, bathing and dressing);
           (g)   sexual function.

    AMA2 means the American Medical Association, 1984, Guides to the Evaluation of Permanent Impairment, 2nd edition, Chicago: American Medical Association, and any errata published prior to the commencement day.

    AMA5 means the American