Table 4.16: Discounting of prior conditions

 Threshold testWaiting periodPermits discounting?
NSW

For exempt workers: Police officers, firefighters, paramedics, volunteers under the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 , and workers injured while working in or around a coal mine:

  • >0% WPI, except for 15% WPI for psychiatric and psychological impairment, and 6% binaural hearing loss for hearing loss claims
  • Entitlement to pain and suffering payment: 10% WPI for physical injuries, and 15% WPI for psychiatric and psychological injuries
  • Entitlement to claim under common law: 15% WPI

All other workers for permanent impairment claims made on and from 19 June 2012: 

  • >10% WPI, except for 15% WPI for psychiatric and psychological impairment.
  • Entitlement to claim under common law: 15% WPI
  • Discounting of prior conditions is tenth of the assessed impairment unless this is at odds with available evidence.
No waiting periodYes
Vic 

10% WPI for physical injuries (5% for Chapter 3 musculoskeletal impairments)

10% for hearing loss (no threshold for further hearing loss claims if 10% threshold previously breached)

30% WPI for psychiatric impairment — not arising secondary to physical injury

Minimum of 12 months or when condition has stabilisedApportionment
Qld5% DPI for hearing loss ( s125 )No waiting periodYes
WA >0% WPI, except for 10% WPI for initial noise induced hearing loss (NIHL) and 5% for subsequent NIHLNo waiting periodNo
SA

Non-economic loss lump sum payments available for workers with degree of whole person impairment (WPI) from physical injury 5% or more, s 58(2) Return to Work Act 2014

Economic loss lump sum available to workers whose WPI is between 5% and 34%. Seriously injured workers with a WPI of 35% or more cannot receive an economic loss lump sum. They receive income support until retirement age or until otherwise discontinued under the Return to Work Act 2014

Psychiatric disorders are assessed separately from physical injuries. For assessment of psychiatric impairment AMA5 chapter 14 is excluded and replaced by Chapter 16   Impairment Assessment Guidelines 

A worker cannot be assessed until the injury has stabilised  s122(6)(a) Yes
Tas 

5% WPI for physical injuries with the exception of loss of part or all of a finger or toe —  s71(1) 

>0% WPI for loss of all or part of a finger or toe —  s71(1)(d) 

10% WPI for psychiatric impairment —  s71(2) 

5% for binaural hearing impairment caused by industrial deafness —  s72A 

No waiting period Yes. refer WorkCover Tasmania  Guidelines for the Assessment of Permanent Impairment , p6
NT

Permanent impairment: impairment, or combination of impairments not less than 5% of the whole person –  s70 

If impairment is 5–14% WPI, compensation payable is calculated on a sliding scale. –  s71 

Impairments of 15– 84% WPI attract a benefit equal to the actual percentage given –  s71 

>85% WPI receives maximum entitlement –  s71 

No waiting periodApportionment
ACT 

0% (no threshold)

6% threshold for hearing loss (boilermaker’s deafness)

 

A claim for permanent injuries may not be made for 2 years after the injury unless the worker has leave from the Magistrates Court or the injury has stabilised. Injury is stabilised if the worker has returned to pre-injury weekly hours for at least 3 months   s121 Yes
C’wealth Comcare

10% WPI

5% binaural hearing loss

At least 1% loss of fingers/toes, loss of taste/smell 

Must qualify for PI to qualify for non-economic loss payment

No waiting periodNo direct apportioning or discounting
C’wealth Seacare 

10% WPI

10% hearing loss

At least 1% Finger/toe, taste/smell

Must qualify for PI to qualify for non-economic loss payment

No waiting periodNo direct apportioning or discounting
C’wealth DVA

Military Rehabilitation and Compensation Act 2004 (MRCA) 

  • Initial compensation — 10 impairment points (IP)  s69 
  • Additional compensation — 5 IPs
  • 5 IPs loss of hearing, fingers, toes, taste, or smell

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA)   s24 

  • 10% WPI
  • 5% binaural hearing loss
  • >0% loss of fingers/toes, loss of taste/smell

Must qualify for PI to qualify for non-economic loss payment

No waiting period

MRCA

Yes — apportionment

DRCA

No direct apportioning or discounting

New Zealand 10%

Independence allowance: In most cases, claimant suffered personal injury on or after 1 April 1974 and before 1 April 2002. At least one year after the date of the injury or condition has stabilised

Lump sums: In most cases, claimant suffered personal injury on or after 1 April 2002. At least 2 years after day of the injury or condition stabilised

Yes — apportionment