(1) Where an injury to an employee results in a permanent impairment and compensation is payable in respect of the injury under section 24, the Commonwealth is liable to pay additional compensation in accordance with this section to the employee in respect of that injury for any non - economic loss suffered by the employee as a result of that injury or impairment.
(2) The amount of compensation is an amount assessed by the MRCC under the formula:
where:
"A" is the percentage finally determined by the MRCC under section 24 to be the degree of permanent impairment of the employee; and
"B" is the percentage determined by the MRCC under the approved Guide to be the degree of non - economic loss suffered by the employee.
(3) This section does not apply in relation to a permanent impairment commencing before 1 December 1988 unless an application for compensation for non - economic loss in relation to that impairment has been made before the date of introduction of the Bill for the Act that inserted this subsection.