Western Australian Current Acts

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 158A

158A .         Eligibility to participate in programs

        (1)         A worker may participate in a specialised retraining program if —

            (a)         the worker has suffered an injury that is compensable under this Act; and

            (b)         the injury occurred on or after the day on which section 119 of the Workers’ Compensation Reform Act 2004 comes into operation; and

            (c)         either —

                  (i)         the worker and the worker’s employer agree that the worker’s degree of permanent whole of person impairment is at least 10% but less than 15%; or

                  (ii)         an arbitrator has determined that the worker’s degree of permanent whole of person impairment is at least 10% but less than 15%;

                and

            (d)         either —

                  (i)         the worker and the worker’s employer agree that the worker satisfies all of the retraining criteria; or

                  (ii)         an arbitrator has determined that the worker satisfies all of the retraining criteria.

        (2)         A worker is eligible to participate in a specialised retraining program even if —

            (a)         the worker is receiving weekly payments under clause 7 or other compensation under Schedule 1; or

            (b)         the weekly payments paid for periods of the incapacity arising from the worker’s injury have reached the prescribed amount.

        (3)         Despite having suffered an injury referred to in subsection (1)(a) and (b), a worker is not eligible to participate in a specialised retraining program if —

            (a)         an election by the worker under section 93K(4) in respect of the injury has been registered; or

            (b)         an agreement in respect of the whole of the liability for the incapacity or impairment arising from the injury has been registered under Part III Division 7; or

            (c)         an order for redemption of the liability for incapacity arising from the injury has been made under section 67(1)(a) or (4); or

            (d)         an order in respect of the whole of the liability for the incapacity or impairment arising from the injury has been made under Part XI; or

            (e)         the worker’s claim for damages in respect of the injury or the incapacity or impairment arising from the injury has been settled by agreement independently of this Act and has not been disapproved under section 92(f).

        (4)         The participation of a worker in a specialised retraining program is subject to sections 158B and 158E.

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