Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 93N

93N .         Special evaluation if worker’s condition has not stabilised sufficiently

        (1)         This section applies if, after the expiry of the period of 18 months after the day on which a claim for compensation by way of weekly payments is made by a worker, an approved medical specialist certifies that the worker’s condition has not stabilised to the extent required for a normal evaluation of the worker’s degree of permanent whole of person impairment to be made in accordance with sections 146A and 146C.

        (1A)         In subsection (1) —

        claim for compensation by way of weekly payments means a claim for compensation by way of weekly payments for total or partial incapacity that has been made on an employer in accordance with section 178(1)(b).

        (2)         The worker may request an approved medical specialist to make a special evaluation of the worker’s degree of permanent whole of person impairment in accordance with sections 146A and 146C.

        (3)         The approved medical specialist requested to make a special evaluation may be the approved medical specialist who certified as described in subsection (1).

        (4)         The request is to be made in accordance with the regulations and is to be accompanied by a copy of the certificate referred to in subsection (1).

        (5)         The approved medical specialist is to make the special evaluation in accordance with sections 146A and 146C unless the worker’s condition is found to have stabilised to the extent required for a normal evaluation, in which case the approved medical specialist is to make a normal evaluation in accordance with those sections.

        (6)         In this section —

        normal evaluation has the meaning given to that term in section 146C.

        [Section 93N inserted: No. 42 of 2004 s. 79; amended: No. 31 of 2020 s. 9.]

[ 93O.         Deleted: No. 31 of 2020 s. 10.]



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