New South Wales Consolidated Acts
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WORKERS COMPENSATION ACT 1987 - SECT 65A
Special provisions for psychological and psychiatric injury
65A Special provisions for psychological and psychiatric injury
(1) No compensation is payable under this Division in respect of permanent
impairment that results from a secondary psychological injury.
(2) In
assessing the degree of permanent impairment that results from a physical
injury or primary psychological injury, no regard is to be had to any
impairment or symptoms resulting from a secondary psychological injury.
(3)
No compensation is payable under this Division in respect of permanent
impairment that results from a primary psychological injury unless the degree
of permanent impairment resulting from the primary psychological injury is at
least 15%. Note : If more than one psychological injury arises out of the same
incident, section 322 of the 1998 Act requires the injuries to be assessed
together as one injury to determine the degree of permanent impairment.
(4)
If a worker receives a primary psychological injury and a physical injury,
arising out of the same incident, the worker is only entitled to receive
compensation under this Division in respect of impairment resulting from one
of those injuries, and for that purpose the following provisions apply-- (a)
the degree of permanent impairment that results from the
primary psychological injury is to be assessed separately from the degree of
permanent impairment that results from the physical injury (despite section 65
(2)),
(b) the worker is entitled to receive compensation under this Division
for impairment resulting from whichever injury results in the greater amount
of compensation being payable to the worker under this Division (and is not
entitled to receive compensation under this Division for impairment resulting
from the other injury),
(c) the question of which injury results in the
greater amount of compensation is, in default of agreement, to be determined
by the Commission.
Note : If there is more than one physical injury those
injuries will still be assessed together as one injury under section 322 of
the 1998 Act, but separately from any psychological injury. Similarly, if
there is more than one psychological injury those psychological injures will
be assessed together as one injury, but separately from any physical injury.
(5) In this section--
"primary psychological injury" means a psychological injury that is not a
secondary psychological injury.
"psychological injury" includes psychiatric injury.
"secondary psychological injury" means a psychological injury to the extent
that it arises as a consequence of, or secondary to, a physical injury.
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