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ACCIDENT COMPENSATION ACT 1985 - SECT 115G

Transitional provisions for workers who have not had psychiatric impairment assessed

    (1)     This section applies if section 115E applies, but no assessment was made of any psychiatric impairment of the worker.

    (2)     The worker may apply to the Authority or self‑insurer in writing for an assessment under section 104B of his or her degree of permanent psychiatric impairment for the purposes of this Subdivision.

    (3)     An application under subsection (2) must be made in a form approved by the Authority.

    (4)     For the purposes of this section, sections 104B(2), 104B(3), 104B(4) and 104B(11) apply as if a reference in those sections to a claim was a reference to the application.

    (5)     The purpose of a further assessment under this section is—

        (a)     to assess the degree of the worker's permanent psychiatric impairment in accordance with section 91; and

        (b)     if such an impairment exists, to combine the assessment for the psychiatric impairment with the assessments for any other impairments that were assessed in the initial assessments, using the combination tables in the A.M.A. Guides to obtain a result for the purposes of this Subdivision.

    (6)     The result of a further assessment under this section is the assessment for the purposes of this Subdivision.

    (7)     During a further assessment, any result of the initial assessment—

        (a)     must not be re-assessed; and

        (b)     must be adopted for the purposes of subsection (5)(b).

    (8)     For the purposes of subsection (5), the only medical question that may be referred to a Medical Panel under section 104B(9) is a question as to the worker's degree of permanent psychiatric impairment in accordance with section 91 resulting from the injury.

    (9)     The results of any further assessments made under this section can only be used for the purposes of this section.

    (10)     In this section A.M.A. Guides has the same meaning as it has in section 91(8).

S. 115H inserted by No. 82/2001 s. 3.



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