Document ID: chunk:federal_register_of_legislation:F2023L00364:reg:4:p7
Version: federal_register_of_legislation:F2023L00364
Segment Type: reg
Provision Reference: reg 4 (pt 7/13)
Character Range: 21607–24451

permanent impairment and non-economic loss. Additional compensation is payable for the increased level of whole person impairment only.
    26 For injuries suffered by employees after 1 October 2001, pursuant to subsection 25(5) of the DRCA, if the injury results in a permanent impairment that is a hearing loss, there may be a further amount of compensation payable if there is a subsequent increase in the binaural hearing loss of 5% or more. In those cases:

      (a)   Table 7.1 (Hearing) provides that the percentage of binaural hearing loss is converted to a WPI rating by dividing the percentage of binaural hearing loss by 2; and

      (b)   consequently, the threshold for additional compensation under section 25 of the DRCA for an injury resulting in a permanent impairment that is a hearing loss is 2.5% WPI under this Guide.

         Note: See Application of this Guide for assessments and re-assessments of the degree of permanent impairment made under relevant earlier editions of this Guide.

Survival of claims
    27 The DRCA provides for the survival of certain claims for compensation. If an employee suffers an injury resulting in permanent impairment, and the employee dies:

      (a)   before a claim for permanent impairment compensation has been made—the employee's personal representative may make such a claim (see subsections 4(11) and 55(1) of the DRCA); or

      (b)   after a claim for permanent impairment compensation has been made—the employee's personal representative may continue with the claim (see subsections 4(11) and 55(2) of the DRCA).
    28 In either case mentioned in subsection (1), if an amount of compensation is determined by the relevant authority to be payable under section 24 of the DRCA in respect of the claim, subject to section 111 of that Act, the amount is payable to the deceased employee's estate (see subsections 55(3) and 111(1) of that Act). No compensation under section 27 of the DRCA would be payable to the deceased employee's estate for any non-economic loss (see subsection 55(4) of that Act).

Principles of assessment

Impairment and non-economic loss

    Impairment
    29 Impairment is defined by the DRCA as the "loss, the loss of the use, or the damage or malfunction, of any part of the body or of any bodily system or function or part of such system or function" (see subsection 4(1) of that Act).

         Note: For the assessment of the degree of impairment, see Division 1.
    30 Impairment relates to the health status of an individual and includes anatomical loss, anatomical abnormality, physiological abnormality and psychological abnormality.
    31 In this Guide, loss of function is used as a basis of assessment of impairment and as far as possible objective criteria have been used. The degree of impairment is assessed by reference to the