Western Australian Current Acts

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

93P .         Election under s. 93K, effect of on compensation

        (1)         This section applies unless, according to an agreement or assessment that the Director has recorded as described in section 93L(2), the worker’s degree of permanent whole of person impairment is at least 25%.

        (2)         If a worker elects under section 93K to retain the right to seek damages and this section applies —

            (a)         the amount of any weekly payment of compensation to which the worker is entitled under this Act in respect of the injury or injuries, to the extent that the payment is for any time during the first 6 months after the election registration day, is varied to the amount calculated as described in subsection (4); and

            (b)         the worker is not entitled to any weekly payment of compensation under this Act in respect of the injury or injuries to the extent that the payment would be for any time that is more than 6 months after the election registration day; and

            (c)         no other compensation under this Act is payable in respect of the injury or injuries —

                  (i)         in relation to a time that is after the election registration day; or

                  (ii)         under Part III Division 2 or 2A, irrespective of whether an election under that Division is made before or after the election registration day; or

                  (iii)         for expenses incurred after the election registration day.

        (3)         In subsection (2) —

        in respect of the injury or injuries includes wholly or partially in respect of the injury or injuries and also includes wholly or partially in respect of any recurrence, aggravation or acceleration of the injury or injuries.

        (4)         The amount of a weekly payment is —

            (a)         to the extent that it is for any time during the first 3 months after the election registration day, 70% of the amount of the weekly payment to which the worker would have been entitled if this section had not applied; and

            (b)         to the extent that it is for any other time during the first 6 months after the election registration day, 50% of the amount of the weekly payment to which the worker would have been entitled if this section had not applied.

        [Section 93P inserted: No. 42 of 2004 s. 79.]