Western Australian Current Acts Western Australian Current Acts [(1) deleted]
(2) A worker can only
elect under section 93K(4) to retain the right to seek damages if —
(a) the
worker and the employer agree —
(i)
that the worker’s degree of permanent whole of
person impairment is at least 15%; and
(ii)
as to whether or not the worker’s degree of
permanent whole of person impairment is at least 25%;
or
(b) the
worker’s degree of permanent whole of person impairment has been
assessed to be a percentage that is not less than 15%,
and the Director has,
at the written request of the worker, recorded that agreement or assessment in
accordance with the regulations.
(3) The Director
cannot, under subsection (2), record an assessment that involves a special
evaluation as defined in section 146C(4) unless the Director has been given a
copy of the certificate referred to in section 93N(1) on the basis of which
the special evaluation was requested.
[(4) deleted]
(5) An agreement or
assessment that the Director has, at the written request of the worker,
recorded in accordance with the regulations cannot be withdrawn and, after it
has been recorded, another agreement or assessment as to the worker’s
degree of permanent whole of person impairment cannot be recorded.
(6) An election that
the Director has registered in accordance with the regulations cannot be
withdrawn and a subsequent election cannot be made in respect of the same
injury or injuries.
(7) Subsection (5)
does not prevent an agreement or assessment as to the worker’s degree of
permanent whole of person impairment from being made, whether before or after
the commencement of court proceedings, after the Director has, at the written
request of the worker, recorded an agreement or assessment in accordance with
the regulations, or from being used in court proceedings.
(8) The Director may
at any time rectify an error that was made in recording an agreement or
assessment or registering an election.
[Section 93L inserted: No. 42 of 2004 s. 79;
amended: No. 31 of 2020 s. 7.]
[ 93M. Deleted: No. 31 of 2020 s. 8.]