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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 12 March 2007 - onwards
Version 2 of 2

Regulation 8 Assessment of disablement and prescribed degrees of disablement

(1) Section 75(4) shall have effect in accordance with this article.

(2)

(a) Subject to paragraph (b), where as a result of the relevant accident the claimant has suffered an injury specified in column (1) of Schedule 2, other then a case to which sub-article (3) applies, the loss of faculty suffered by the claimant as a result of that injury shall be treated for the purposes of section 75 as resulting in the degree of disablement set against such injury in column (2) of Schedule 2.

(b) Where a person has suffered an injury referred to in paragraph (a) and specified in Schedule 2 which includes any other injury so specified, sub-article (a) shall apply only to the first-mentioned injury.

(3) Where as a result of the relevant accident the claimant has suffered an injury specified in Schedule 2, but -

(a) as a result of that injury the claimant may be expected, having regard to his or her physical and mental condition at the date of the assessment in respect of that injury, to be subject to greater disabilities than would normally be incurred as a result of such an injury, or

(b) the part of the body by which the injury was sustained would not, apart from that injury, have been normal at the date of assessment,