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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



Personal Injury in NZ

Schedule 2 Compensation for permanent loss or impairment of bodily function

Schedule 2
Compensation for permanent loss or impairment of bodily function
s 119
 
Nature of permanent loss or impairment of bodily function
Percentage of [$7,000] payable
Loss of Part of Body
 
1.
Total loss of an arm or the greater part of an arm
80
2.
Total loss of a hand or of the lower part of an arm
70
3.
Total loss of a thumb
28
 
Total loss of one segment of a thumb
14
 
Loss of the pulp of a thumb
8
4.
Total loss of an index finger
14
 
Total loss of two segments of an index finger
12
 
Total loss of one segment of an index finger
8
 
Loss of the pulp of an index finger
4
5.
Total loss of the middle finger
12
 
Total loss of two segments of a middle finger
10
 
Total loss of one segment of a middle finger
8
 
Loss of the pulp of a middle finger
3
6.
Total loss of a ring or small finger
8
 
Total loss of two segments of a ring or small finger
6
 
Total loss of one segment of a ring or small finger
4
 
Loss of the pulp of a ring or small finger
2
7.
Total loss of all fingers, thumb intact (Treat as 90 percent of loss of a hand)
63
8.
Total loss of a leg
75
 
Total loss of a foot or of the lower part of a leg
60
9.
Total loss of a great toe
10
 
Loss of one segment of a great toe
5
10.
Total loss of a lesser toe
2.5
11.
Total loss of both legs by above-knee or below-knee amputation
100
12.
Loss of both arms, above-elbow or below-elbow amputation
100
Note: For the purposes of section 119 of this Act, when applying the foregoing provisions of this Schedule for the purpose of assessing permanent loss or impairment of bodily function affecting the hand and its digits, if multiple digits are involved assessment shall be made both by summating the individual losses specified in the foregoing provisions of this Schedule, and on the basis specified in subsection (3) of that section in relation to the permanent loss or impairment of bodily function affecting the hand or lower arm as a whole as a gripping organ.
In relation to the last-mentioned method of assessment, complete loss of finger/palm grip in all its components shall be treated as constituting 60% loss of function of the hand, and complete loss of opposition or pincer; grip shall be treated as constituting 40% loss of function of the hand, these figures to be apportioned into four equal parts for the individual digits.
Example: Finger/Palm Grip—
 
Index
Middle
Ring
Little finger
15%
15%
15%
15% loss of function of hand, equalling altogether 60% of loss of function of hand.
Opposition or Pincers Grip—
 
Index
Middle
Ring
Little finger
10%
10%
10%
10% loss of function of hand equalling altogether 40% of loss of function of hand.
The higher figure arrived at after assessment by both these methods shall be the figure awarded.
If in the case of injury to a limb or part of a limb it is considered desirable in order to obtain the best functional result that the limb or portion of the climb be amputated at a more proximal level than the part injured, the disability shall be assessed as if the injury itself had necessitated the amputation at the more proximal level.
Assessment of arthrodses
The following figures are to be used for a sound arthrodesis in the position of optimum function, partial joint stiffnesses to be proportionally assessed under section 119(3) of this Act.
Shoulder
Treat as 35% loss of function of the arm
28
Elbow
Treat as 40% loss of function of the arm
32
Wrist
Treat as 30% loss of function of the lower arm
21
Hip
Treat as 50% loss of function of the leg
37.5
Knee
Treat as 40% loss of function of the leg
30
Ankle
Treat as 35% Ioss of function of the lower leg
21
Triple
(foot arthrodesis)Treat as 30% loss of function of the lower leg
18
Assessment of shortening
 
0-0.5 in. inclusive
Treat as 5% loss of function of the leg
3.75
0.5-1 in
Treat as 10% loss of function of the leg
7.5
1-1.5 in
Treat as 15% loss of function of the leg
11.25
1.5-2 in
Treat as 20% loss of function of the leg
15
Patellectomy
 
Where there is full extension of the knee and full flexion in the knee with minimal quadriceps thigh muscle wasting, treat as 15% loss of function of the leg, this figure to be varied in less successful results related to residual joint stiffness
11.25
Excision of head of radius
 
Where full elbow extension and flexion movement is regained with full forearm rotation movement in either direction, treat as 15% loss of function of the arm, this basic figure to be varied in less successful cases related to residual joint stiffness
12
Excision of lower end of ulna forearm bone
 
Where full forearm rotation movements are preserved and the wrist is normal, treat as 10% loss of function of the lower arm, this figure to be varied in less successful cases related to residual joint stiffness
7
Ligamentous injuries of the knee joint with residual instability and including quadriceps insufficiency with comparable instability
 
Moderate laxity
Treat as 15% loss of function of the leg
11.25
Multiple disabilities
 
If the disability affects more than one limb the assessment shall be made by summating the figures, but if the disabilities involve the one limb the method of progressive extraction of losses, i.e., regarding the limb as a whole shall be used.
 
[Spinal disability and other disabilities]
 
1.
Cervical spine
 
 
(a) Persistent muscle spasm, rigidity, and pain substantiated by lots of anterior curve revealed by X-ray, although no demonstrable structural pathology, moderate referred shoulder/arm pain
10
 
(b) In cases similar to those mentioned in the immediately preceding paragraph, but with gross degenerative changes consisting of narrowing of intervertebral spaces and osteoarthritic lipping of vertebral margins
20
2.
Thoracic spine
 
 
(a) Spinal strain related to trauma with persistent discomfort, moderate degenerative changes with osteoarthritic lipping, no X-ray evidence of structural trauma
10
 
(b) Fracture:
 
 
(i) Compression 25% involving one or two vertebral bodies, no fragmentation, healed, no neurologic manifestations
10
 
(ii) Compression 50% with involvement posterior elements, healed, no neurologic manifestations, persistent pain
20
3. Lumbar spine
 
 
(a) Mild to moderate persistent muscle spasm with pain, with moderate degenerative lipping revealed by X-ray
10
 
(b) Fracture:
 
 
(i) Vertebral compression 25%, one or two adjacent vertebral bodies, little or no fragmentation, no definite pattern or neurologic change
15
 
(ii) Vertebral compression 50%, one or two adjacent vertebral bodies, little or no fragmentation, no definite pattern or neurologic changes
20
 
(iii) In cases similar to those mentioned in the immediately preceding subparagraph, but with successful fusion, mild pain
25
4. Neurogenic low back pain—disc injury
 
 
(a) Surgical excision of disc, no fusion, good result, no persistent sciatic pain
10
 
(b) Surgical excision of disc, no fusion, moderate persistent pain and stiffness aggravated by heavy lifting with necessary modification of activities
20
 
(c) Surgical excision of disc with fusion, activities of lifting moderately modified
15
 
(d) Surgical excision of disc with fusion, persistent pain and stiffness aggravated by heavy lifting necessitating modification of all activities requiring heavy lifting
25
5. Tetraplegia and paraplegia
100
6. Blindness
 
 
(a) Total blindness
100
 
(b) Total loss of vision in one eye (normal vision in the other eye)
30
7. Deafness
 
 
(a) Total deafness
75
 
(b) Total deafness in one ear (normal hearing in other ear)
17
Note: Where there are subjective symptoms of pain without demonstrable clinical findings of abnormality or demonstrable structural pathology, no assessment should be made under section 119 of this Act.
8. Total loss of natural permanent teeth
 
 
1. Anterior Teeth
 
 
Loss of 1, 2, or 3 teeth
4
 
Loss of 4, 5, or 6 teeth
5
 
Loss of 7 to 12 teeth
6
2. Posterior Teeth
 
 
Loss of 1 tooth
1
 
Loss of 2 to 5 teeth
2
 
Loss of 6 to 16 teeth
4

History Note - Statutes of New Zealand

Schedule 2 was amended , as from 1 April 1974, by s 60(1) Accident Compensation Amendment Act (No 2) 1973 (1973 No 113) by substituting the words “Spinal disability and other disabilities” for the words “Spinal disablility” where they appeared as a subheading.
Schedule 2 item 8 (Total loss of permanent natural teeth) was inserted, as from 1 April 1974, by s 60(2) Accident Compensation Amendment Act (No 2) 1973 (1973 No 113).
Schedule 2 was amended, as from 8 November 1974, by s 9(1) Accident Compensation Amendment Act 1974 (1974 No 71) by substituting the expression “$7,000” for the expression “$5,000”. For accidents before 1 October 1974, see s 9(2) of that Act.

History Note - Statutes of New Zealand

This Act was repealed, as from 1 April 1983, by s 122(1) Accident Compensation Act 1982 (1982 No 181). See also s 122(3) and (4) of that Act for the savings provisions.

From Personal Injury in NZ

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