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Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 (No. 29 of 2011)
Requested:  17 Apr 2014
Consolidated as at:  21 Feb 2012

75. Variation of lump sum compensation because of increased impairment of less than 51%

      (1) The Commissioner must determine an application made under section 74 –

(a) by granting the application; or

(b) by refusing to grant the application.

      (2) The Commissioner, after receiving an application made by a person under section 74, may refer to an accredited impairment assessor under section 45 the medical question as to the degree of impairment of the person.

      (3) If it appears to the Commissioner that –

(a) the degree of impairment of a person who made an application under section 74 is, because of one or more asbestos-related diseases, 26% or more but less than 51%; and

(b) part or all of the degree of impairment of the person is because of a disease ("the secondary disease") that is not the same disease as the disease in relation to which a determination was made under section 70 that compensation was payable to the person –

the Commissioner must, before determining under subsection (1) the application, refer to a medical panel under section 47(3) the question as to whether the secondary disease is an asbestos-related disease.

      (4) The Commissioner must determine in accordance with subsection (1)(a) an application made by a person under section 74 if the person has not received a lump sum equivalent to more than 120 compensation units in accordance with section 73(2) and the Commissioner –

(a) is satisfied, having regard to –

(i) a determination made under section 45(3) by an accredited impairment assessor; or

(ii) a medical certificate of an accredited impairment assessor –

that the degree of impairment of the person, because of one or more asbestos-related diseases, is 26% or more but less than 51%; or

(b) where subsection (3) applies, receives from a medical panel a determination to the effect that the degree of impairment, because of one or more asbestos-related diseases, of the person is 26% or more but less than 51%.

      (5) Subsection (4) applies to a person in relation to an asbestos-related disease whether or not it is the same disease as the disease in relation to which a determination was made under section 70 that compensation was payable to the person.

      (6) The Commissioner must notify in writing a person in relation to whom a determination is made under subsection (1) of the determination of the Commissioner.

      (7) If the Commissioner determines in accordance with subsection (1)(a) an application made under section 74 by a person, the Commissioner must determine that the person is to be paid an additional amount of compensation by way of a lump sum of an amount equivalent to 120 compensation units.



CURRENT VIEW: 31 Oct 2011 -
VIEW THE SESSIONAL VERSION