Western Australian Current Acts Western Australian Current Acts Subject to this
Division, where a worker is rendered less able to earn full wages, by reason
of suffering from tuberculosis in association with pneumoconiosis, and any of
those diseases is, or was, due to the nature of any employment in which the
worker was employed at any time prior to the date of being so rendered, that
person is deemed to be totally incapacitated for work, during such period as
the tuberculosis is active, and, thereafter, for a further period of 3 months
or for the period that he is unemployed, whichever period is the shorter, and,
during that period and further period, the person is —
(a) if
in receipt of payments under the Tuberculosis Allowance (Commonwealth) Scheme,
established under the Tuberculosis Act 1948 4 of the Commonwealth, entitled to
compensation in weekly payments equal to the maximum weekly income permissible
under that Scheme; and
(b) if
not in receipt of payments mentioned in paragraph (a), entitled to such
compensation as that to which he would be entitled, if totally incapacitated
by pneumoconiosis.
[Section 39 amended: No. 42 of 2004 s. 29.]