Document ID: chunk:federal_register_of_legislation:F2018L01160:clause:1_9
Version: federal_register_of_legislation:F2018L01160
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 2599–4310

9  Catastrophic amputation injury

Single injury
 (1) An injury is a catastrophic amputation injury if:
 (a) the injury results in at least one of the following:
 (i) a forequarter amputation; or
 (ii) a shoulder disarticulation; or
 (iii) if the injury is a brachial plexus avulsion injury—no residual functioning in the upper extremity; or
 (iv) a hindquarter amputation; or
 (v) a hip disarticulation; or
 (vi) if the injury is a lumbar plexus avulsion injury—no residual functioning in the lower extremity; or
 (vii) an amputation involving the loss of 65% or more of the length of the femur; or
 (b) the injury results in at least two of the following:
 (i) loss of 50% or more of the length of the tibia of the left leg; or
 (ii) loss of 50% or more of the length of the tibia of the right leg; or
 (iii) loss of the thumb of the left hand at or above the first metacarpophalangeal joint; or
 (iv) loss of the thumb of the right hand at or above the first metacarpophalangeal joint.

Multiple injuries
 (2) An injury is a catastrophic amputation injury if:
 (a) the injury results in any one of the losses specified in paragraph (1)(b); and
 (b) prior to the employee suffering the injury, the employee suffered an injury to a different limb or limbs (the earlier injury); and
 (c) the earlier injury:
 (i) satisfies the conditions for a catastrophic amputation injury in subsection (1); or
 (ii) results in any one of the losses specified in paragraph (1)(b).
 (3) For the avoidance of doubt, the earlier injury mentioned in subparagraph (2)(c)(ii) is not a catastrophic amputation injury unless the earlier injury satisfies the conditions for a catastrophic amputation injury in subsection (1) or (2).