6.2.8.5 Impairment of the neck, back & pelvis
For injuries after 31 August 1985 & before 1 December 1992
Examples: Calculation for back, neck and pelvis:
Back
Permanent loss of function is assessed at 22%
Date of injury is 1 September 1986, so statutory maximum is $66,440
The maximum entitlement payable for back is 60% of the statutory maximum
Calculation: 0.22 x 0.60 x $66,440 = $8,770.08
Neck
Permanent loss of function is assessed at 17%
Date of injury is 1 September 1989, so statutory maximum is $78,100
The maximum entitlement payable for neck is 40% of the statutory maximum
Calculation: 0.17 x 0.40 x $78,100 = $5,310.80
Pelvis
Permanent loss of function is assessed at 12%
Date of injury is 1 September 1991, so statutory maximum is $88,750
The maximum entitlement payable for pelvis is 15% of the statutory maximum
Calculation: 0.12 x 0.15 x 88,750 = $1,597.50
Injuries from 1 December 1992 to 11 November 1997
The legislation requires the degree of impairment for injuries to the back, neck & pelvis to be assessed in line with the AMA Guides to Evaluation of Permanent Impairment (Second Edition). This applies to claims for injuries occurring on or after 1 November 1992.
Neck, back & pelvis expressed as whole person impairment
The AMA American Medical Association Guides express impairment with reference to the neck, back and pelvis solely as a percentage impairment of the whole person. The relevant injuries specified in the Table of Maims are expressed in terms of impairment of the body part. This has resulted in difficulties in calculation of the entitlements for these injuries.
Method of calculating back, neck & pelvis claims
WorkSafe, taking into account legal precedents and the method of calculating entitlements for back, neck and pelvis claims is to multiply the AMA whole person assessment for the body part by the statutory maximum to calculate the lump sum entitlement.
This method only applies to Back, Neck and Pelvis claims. It should be emphasised that the Table maxima percentages for these injuries must not be exceeded when determining entitlement.
Examples: Calculation for back, neck and pelvis
Back
AMA2 whole person impairment is assessed at 22%
Date of injury is 1 September 1994, so statutory maximum is $95,810
Calculation: 0.22 x $95,810 = $21,078.20
Neck
AMA2 whole person impairment is assessed at 17%
Date of injury is 1 September 1995, so statutory maximum is $100,300
Calculation: 0.17 x $100,300 = $17,051.00
Pelvis
AMA2 whole person impairment is assessed at 12%
Date of injury is 1 September 1997, so statutory maximum is $104,990
Calculation: 0.12 x $104,990 = $12,598.80