Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 22

22 .         Serious and wilful misconduct by worker, effect of

                If it is proved that the injury of a worker is attributable to his —

            (a)         voluntary consumption of alcoholic liquor or of a drug of addiction, or both, which impairs the proper functioning of his faculties; or

            (b)         failure, without reasonable excuse, proof of which is on him, to use protective equipment, clothing, or accessories provided by his employer for the worker’s use; or

            (c)         other serious and wilful misconduct,

                any compensation claimed in respect of that injury shall be disallowed unless the injury has serious and permanent effects or results in death.

        [Section 22 amended: No. 42 of 2004 s. 13 and 147.]



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