26 Apr 2011
The combined WPI was 21% and after deducting the previous lump sum percentage of 13% the resulting impairment was 8%, which is below the statutory 10% threshold; statutory scheme requires deduction of prior lump sum percentages from combined pre-1 July 1999 WPI, so the respondent's decision to decline independence allowance was legally correct.
19 Apr 2010
Leave to appeal refused because the deduction under s377(3)(b) was properly applied, the applicant did not identify any error of law or challenge the 22% impairment assessment, and therefore there is no question of law for the High Court to determine.
21 May 2009
The Court held the respondent correctly applied the law by assessing only the injuries for which cover had been accepted, applying the statutory deduction of the prior lump sum percentage (17%) to the assessed Whole Person Impairment (14%) which produced no net entitlement to an Independence Allowance; any claim that additional injuries should be included is premature until those injuries are accepted as cover and a fresh assessment ordered.