Western Australian Current Acts Western Australian Current Acts (1) In this section
—
relevant level , in relation to a question as to
the degree of disability of the worker, means —
(a) if
the question arises for the purposes of section 93E(3)(a), (9) or (12), a
degree of disability of 30%; or
(b) if
the question arises for the purposes of section 93E(4), a degree of disability
of 16%.
(2) For the purposes
of section 93E, the degree of disability of the worker is to be assessed
—
(a) so
far as Schedule 2 Part 1 provides for an injury suffered by the worker, as a
percentage equal to —
(i)
if only one item of that Part applies to the injury, the
percentage of the prescribed amount provided for by that item, as read with
section 25; or
(ii)
if 2 or more items of that Part apply to the injury, the
sum of the percentages of the prescribed amount provided for by those items,
as read with section 25;
(b) to
the extent, if any, that paragraph (a) does not apply, as the degree of
permanent impairment assessed in accordance with the AMA Guides;
(c) to
the extent, if any, that neither paragraph (a) nor (b) applies, in accordance
with the regulations,
or if more than one of
paragraphs (a), (b) and (c) applies, as the cumulative sum of the percentages
assessed in accordance with those paragraphs.
(3) For the purposes
of section 93E(4) only, if item 36A of Schedule 2 applies to the injury,
subsection (2)(a) applies as if the percentage of the prescribed amount
provided for by that item were 100% instead of 60%.
(4) If section 25
applies, the percentage under subsection (2)(a) is calculated in accordance
with the formula —
where —
PD is the percentage
of the diminution of full efficient use.
TD is the relevant
percentage set out in Column 2 of Schedule 2.
Examples for this subsection:
1. A worker loses 40%
of the full efficient use of one eye. The percentage under subsection (2)(a)
is —
2. A worker loses the
little finger of the left hand, 30% of the full efficient use of one eye and
10% of the full efficient use of the right arm below the elbow. The percentage
under subsection (2)(a) is —
3. A worker loses 10%
of the full efficient use of the back (including thoracic and lumbar spine)
and 15% of the full efficient use of the neck (including cervical spine). The
percentage under subsection (2)(a) (for the purposes of section 93E(4) only)
is —
(5) If the worker and
the employer cannot agree on whether the degree of disability is not less than
the relevant level, the worker may, subject to subsection (6), refer the
question to the Director.
(6) A question can
only be referred under subsection (5) if the worker produces to the Director
medical evidence from a medical practitioner indicating that, in the medical
practitioner’s opinion, the degree of disability is not less than the
relevant level.
(7) As soon as
practicable after receiving a referral under subsection (5) the Director is to
notify the employer in accordance with the regulations.
(8) If within 21 days
after being notified under subsection (7) the employer notifies the Director
in accordance with the regulations that the employer considers that the degree
of disability is less than the relevant level, a dispute arises for the
purposes of Part XI.
[(9), (10) deleted]
(11) If the dispute
relates to an injury mentioned in section 33, 34 or 35, the dispute is to be
referred to a medical panel for determination as described in section 36 and
so far as applicable this Act applies in relation to the reference as if it
were a reference under section 36 except that the only question to be
considered and determined on the reference is the question that was referred.
(12) Unless
notification is given by the employer under subsection (8), the employer is to
be regarded as having agreed that the degree of disability is not less than
the relevant level.
[Section 93D inserted: No. 34 of 1999 s. 32(5);
amended: No. 42 of 2004 s. 76, 146 and 147; No. 31 of 2011 s. 29.]