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ACCIDENT COMPENSATION ACT 1985 - SECT 99AB

Occupational rehabilitation services

    (1)     A worker is entitled to receive occupational rehabilitation services referred to in this Division from—

        (a)     a provider of occupational rehabilitation services chosen by the worker from a list of approved providers of those services nominated by the Authority, employer or self‑insurer in accordance with subsection (2); or

        (b)     if the Authority, employer or self-insurer does not nominate a list of approved providers of those services for the purposes of this subsection, from an approved provider of those services of the worker's choice.

    (2)     A list of providers of occupational rehabilitation services referred to in section 99(1) must consist of the names of not less than 3 approved providers of those services nominated by the Authority, employer or self-insurer having regard as far as is possible to—

        (a)     the type of injury the worker has suffered;

        (b)     the type of occupational rehabilitation services required;

        (c)     where the worker resides;

        (d)     where the provider is requested by the Authority, self-insurer or employer to provide the services.

    (3)     If 3 approved providers of particular occupational rehabilitation services are not available, it is sufficient compliance with subsection (2) if the list consists of the names of the available approved provider or providers of those occupational rehabilitation services.

    (4)     If—

        (a)     the Authority, employer or self-insurer offers occupational rehabilitation services from an approved provider of occupational rehabilitation services to be chosen by the worker from a list of providers of those services nominated by the Authority, employer or self‑insurer in accordance with subsection (2) or (3); and

        (b)     the worker does not choose an approved provider of those occupational rehabilitation services within 14 days of the offer of occupational rehabilitation services—

the occupational rehabilitation services will be offered or provided to the worker by an approved provider of occupational rehabilitation services nominated by the Authority, employer or self-insurer in accordance with subsection (2).

S. 99AC inserted by No. 67/1992
s. 21, substituted by No. 50/1994
s. 46,
repealed by No. 107/1997
s. 11(4), new s. 99AC inserted by No. 80/2010 s. 77.



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