New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 314

314 What constitutes threshold dispute

(1) For the purposes of this Part, there is considered to be a dispute as to whether the degree of permanent impairment of the injured worker resulting from an injury is sufficient for an award of damages if--

(a) the person on whom the claim is made has not accepted that the degree of permanent impairment of the injured worker resulting from the injury is at least 15%, or

(b) there is a dispute as to whether the degree of permanent impairment resulting from the injury is fully ascertainable.

Note--: Under section 322 (4), a medical assessor may decline to make an assessment of the degree of permanent impairment of an injured worker until satisfied that the degree of permanent impairment is fully ascertainable.

(2) There is considered to be no dispute as to whether the degree of permanent impairment of the injured worker resulting from an injury is sufficient for an award of damages if--

(a) the person on whom the claim is made has accepted that the degree of permanent impairment of the injured worker is at least 15%, or

(b) a medical assessor has given a medical assessment certificate certifying that the degree of permanent impairment of the injured worker is at least 15%.

(3) For the purposes of this Part, acceptance by the person on whom a claim for work injury damages is made of the degree of permanent impairment of the injured worker for the purposes of a claim against the person by the injured worker for permanent impairment compensation also constitutes acceptance of the degree of permanent impairment for the purposes of the claim for work injury damages.