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mental caused by physical must earnings be based on wage from original injury?

#21 User is offline   doppelganger 

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Posted 23 October 2011 - 10:38 AM

under the current Act clause 48 Applies

Further injury
48 Effect of further injury on entitlement to weekly compensation
(1) This clause applies to a claimant who—

(a) is already entitled to receive weekly compensation; and

(B) suffers incapacity from a further personal injury for which the claimant has cover under this Act.

(2) If it is necessary to recalculate the claimant's entitlement to weekly compensation, the claimant's entitlement to weekly compensation in respect of incapacity from both personal injuries is calculated using the weekly earnings assessed when calculating the weekly compensation referred to in subclause (1)(a).

(3) Subclause (2) does not apply to any subsequent periods of incapacity.

So the question has the claimant suffered a further personal injury which the claimant has cover under this Act.

I am sure that keen to Help will advise the ACC must take the injury as a subsequent injury.
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