Victorian Numbered Acts

TRANSPORT ACCIDENT AMENDMENT ACT 2013 (NO. 71 OF 2013) - SECT 13

After section 46A(1E) of the Principal Act insert —

    "(1F)     When determining the degree of impairment under this section, section 47(7) or section 47(7A), the Commission must—

        (a)         not include impairments resulting from injuries or causes that are unrelated to the transport accident; and

        (b)     in the case of a person who has an injury that existed before the transport accident that is aggravated by an injury that was the result of a transport accident—

              (i)     in the case of a spinal injury, use the apportionment methodology set out in Chapter 3.3f of the A.M.A Guides;

              (ii)     in any other case, use the subtraction methodology set out in Chapter 2 of the A.M.A Guides.".