5 Nov 2004
The assessor correctly applied the AMA Guides and the ACC User Handbook and properly deducted the pre‑existing whole person impairment (72%) from the combined impairment (81%), yielding a 9% apportioned impairment for the amputation which is below the statutory 10% threshold for lump sum; therefore no lump sum entitlement arises and the respondent's decision is confirmed.
21 May 1999
Under s54A(7) the respondent was obliged to deduct the total percentage of impairment previously compensated (29.1%) from the new AMA‑based assessment (15%), resulting in nil entitlement to an independence allowance; the court cannot overturn the assessor's medical determination.
11 Nov 1998
Regulation 3 requires impairment be assessed by an approved assessor using the AMA Guides (4th ed); the assessor returned a 0% whole-person impairment and the respondent was bound to accept that assessment, therefore the appellant was not entitled to an independence allowance and the appeal is dismissed.