Western Australian Current Acts

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

158C .         Degree of permanent whole of person impairment, disputes as to

        (1)         If —

            (a)         there is not agreement between a worker and the worker’s employer that the worker’s degree of permanent whole of person impairment is at least 10% but less than 15%; and

            (b)         the worker’s degree of permanent whole of person impairment has been assessed by an approved medical specialist under sections 146A and 146D as at least 10% but less than 15%,

                but the employer disputes the assessment referred to in paragraph (b), the worker may apply to have the question as to the worker’s degree of permanent whole of person impairment arising from the injury concerned determined by an arbitrator.

        (2)         An arbitrator to whom an application to determine a question is made under subsection (1) may —

            (a)         determine the worker’s degree of permanent whole of person impairment; or

            (b)         refer the question as to the worker’s degree of permanent whole of person impairment for assessment by an approved medical specialist panel in accordance with sections 146A and 146D.

        (3)         If a determination or assessment is made that the worker’s degree of permanent whole of person impairment is at least 10% but less than 15%, the arbitrator may order the employer to pay all or any of the costs or expenses connected with the dispute, including expenses connected with the referral to an approved medical specialist panel.

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