18 Dec 2003
Section 442 requires assessment of whole-person impairment and deduction of prior percentage permanent loss or impairment for which lump-sum payments were made; deductions are applied to the whole-person assessment to prevent double compensation rather than being confined to a single discrete injury.
30 Aug 1999
The court followed binding High Court precedent holding that prior lump-sum impairment percentages are to be deducted from the assessed whole-person impairment; if the remaining percentage is below the statutory 10% threshold in s54(1) no entitlement to an independence allowance arises.
30 Aug 1996
Section 54(14) requires reduction of the assessed disability for independence allowance by the percentage upon which any prior s.119 payment was based; because the Corporation based the s.119 award on 100% (it paid 100% of the maximum), the appellant's assessed disability is reduced by 100% and there is no entitlement to an independence allowance.
21 Dec 1995
Section 54(14) is to be given its plain meaning: the person's disability assessed under s.54(5) is to be reduced by the percentage(s) of permanent loss or impairment on which earlier lump sum payments were based; mathematically this requires reducing the current assessed percentage by that prior percentage (multiplicative reduction), producing 19% reduced by 18.75% = 15.4375%, which entitles the appellant to an independence allowance.