Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 146A

146A .         Evaluating degree of impairment generally

        (1)         Subject to sections 146B, 146C, 146D and 146E, a worker’s degree of impairment is to be evaluated, as a percentage, in accordance with the WorkCover Guides.

        (2)         If a worker and the employer do not agree about the evaluation of the worker’s degree of impairment, it is to be assessed by an approved medical specialist or, if this Act so provides, an approved medical specialist panel.

        (3)         A request for assessment by an approved medical specialist is to be made in accordance with the regulations.

        (4)         For a case in which the evaluation of the degree of impairment of the worker involves taking into account a recurrence, aggravation, or acceleration of any pre-existing disease that was to any extent asymptomatic before the event from which the injury or injuries arose, the WorkCover Guides are not to provide for a deduction to reflect the pre-existing nature of that disease to the extent that it was asymptomatic before that event.

        [Section 146A inserted: No. 42 of 2004 s. 109.]



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