Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 158

158 .         Terms used

        (1)         In this Part —

        degree of permanent whole of person impairment means the degree of permanent whole of person impairment, evaluated as described in sections 146A and 146D, resulting from the injury or injuries arising from a single event, as defined in subsection (2);

        retraining criteria , in relation to a worker, means the following criteria —

            (a)         the worker has participated in a return to work program established under section 155C(1) but has not been able to return to work;

            (b)         the worker has a capacity for retraining and is a person for whom a specialised retraining program is a viable option;

            (c)         formal vocational training or study through a technical or tertiary training course appears to be the only course of action that will enable the worker to return to work;

            (d)         it is reasonable to expect that a specialised retraining program will provide the worker with the qualification or skills necessary to return to work, having regard to the labour market, the worker’s existing qualifications and work experience;

            (e)         such other criteria as may be prescribed in the regulations for the purposes of this definition.

        (2)         In the definition of degree of permanent whole of person impairment in subsection (1) —

        event means anything that results, whether immediately or not and whether suddenly or not, in an injury or injuries of a worker and the term includes continuous or repeated exposure to conditions that result in an injury or injuries of a worker.

        [Section 158 inserted: No. 42 of 2004 s. 119.]



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