Western Australian Current Acts

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 33

33 .         Pneumoconiosis, mesothelioma, lung cancer or diffuse pleural fibrosis

                Where a worker is rendered less able to earn full wages by reason of suffering from, or his death is caused by —

            (a)         pneumoconiosis; or

            (b)         on and after 8 May 1970, mesothelioma; or

            (c)         on and after the date on which this section comes into operation, lung cancer; or

            (d)         on or after 19 September 2009, diffuse pleural fibrosis,

                and the disease is, or was, due to the nature of any employment in which the worker was employed at any time previous to the date of being so rendered and it is shown to the satisfaction of an arbitrator that, since he was last employed in the State in any employment of that nature, the worker —

            (a)         has not been absent from the State for a period of, or periods aggregating, more than 6 months; or

            (b)         having been absent from the State for a period of, or periods aggregating, more than 6 months, has not during that period or those periods been employed in any employment of that nature,

                an injury, being pneumoconiosis, mesothelioma, lung cancer or diffuse pleural fibrosis, as the case may be, of the worker occurs and this Act applies to that injury subject, however, to this Division.

        [Section 33 amended: No. 48 of 1993 s. 28(1); No. 42 of 2004 s. 24, 146, 147 and 149; No. 31 of 2011 s. 85.]