WORKERS' COMPENSATION - Safety, Rehabilitation and Compensation Act 1988 (Cth) - s 24 - determination of percentage degree of permanent impairment where no quantitative percentage for condition in approved Guide or American Medical Association's Guides to the Evaluation of Permanent Impairment (AMA Guides) - where Administrative Appeals Tribunal found employee's pain-related impairment unrateable in accordance with Ch 18 of AMA Guides - whether Ch 18 of AMA Guides required award of no more than 3% for pain-related impairment - whether Tribunal required to make "clinical judgment" to determine percentage degree of permanent impairment under s 24(6)
WORKERS' COMPENSATION - Safety, Rehabilitation and Compensation Act 1988 (Cth) - calculation of normal weekly earnings under s 8(1) - whether calculation of average number of hours worked in each week during the relevant period to be made by reference to agreed or paid hours rather than actual hours worked- whether Tribunal can use hypothetical not factual number of hours worked
ADMINISTRATIVE LAW - Safety, Rehabilitation and Compensation Act 1988 (Cth) - procedural fairness - where s 24(6) required Tribunal to award percentage for degree of permanent impairment - where expert medical evidence opined not possible to award a percentage degree of permanent impairment in accordance with approved Guide or AMA Guides - whether Tribunal required to inform parties it would determine percentage under s 24(6) - whether practical injustice shown
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