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TRANSPORT ACCIDENT AND ACCIDENT COMPENSATION ACTS AMENDMENT ACT 2007 (NO. 60 OF 2007) - SECT 8

Amendment of section 46A—Degree of impairment

    (1)     In section 46A(2)(a)(i) of the Transport Accident Act 1986 after "Guides" insert
"as applicable subject to subsections (2A) and (2B)".

    (2)     After section 46A(2) of the Transport Accident Act 1986 insert

    "(2A)     Despite anything to the contrary in the A.M.A Guides, an assessment under subsection (1) of the degree of impairment resulting from an injury must be made based on the person's current impairment as at the date of the assessment, including any changes in the signs and symptoms following any medical or surgical treatment undergone by the person in respect of the injury.

    (2B)     The A.M.A Guides apply in respect of an assessment under section 3.3d of Chapter 3 of the A.M.A Guides as if the following were omitted—

"with the Injury Model, surgery to treat an impairment does not modify the original impairment estimate, which remains the same in spite of any changes in signs or symptoms that may follow the surgery and irrespective of whether the patient has a favourable or unfavourable response to treatment".

    (3)     In section 46A of the Transport Accident Act 1986

        (a)     in subsections (2)(a)(i), (6) and (8)(b) for "A.M.A." substitute "A.M.A";

        (b)     in subsection (7) for " A.M.A. " substitute " A.M.A ".



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