Western Australian Current Acts Western Australian Current Acts[s. 18(1)]
[Heading inserted: No. 42 of 2004 s. 141(1);
amended: No. 19 of 2010 s. 4; No. 8 of 2018 s. 10(1).]
[(1)-(5) Deleted: No. 8 of 2018 s. 10(2).]
[ 6. Deleted: No. 34 of 1999 s. 53(b).]
7 . Total or partial incapacity
(1) Subject to
section 56 and subclause (3) when total incapacity for work results from the
injury a weekly payment during the incapacity equal to the weekly earnings of
the worker calculated and varied in accordance with this Schedule.
(2) Subject to
section 56 and subclause (3), where partial incapacity for work results from
the injury, a weekly payment during the partial incapacity equal to the amount
by which the total weekly earnings of the worker calculated and varied in
accordance with this Schedule would exceed the weekly amount exclusive of
payments for overtime or any bonus or allowance which he is earning or is able
to earn in some suitable employment or business after the occurrence of the
injury.
(3) An entitlement of
a worker to weekly payments for an injury under this Act ceases if and when
the total weekly payments for that injury reaches the prescribed amount,
unless an arbitrator makes an order to the contrary under section 217, and
there shall be no revival of, or increase in, that entitlement upon any
subsequent increase in the prescribed amount.
(4) Nothing in
subclause (3) affects the liability of an employer for, and the entitlement of
a worker to, expenses as are provided for in clauses 9, 17, 18, 18A, and 19
but subject to the limitations on those expenses as provided in clauses 17(1)
and 18A(1CA) and (1C).
(5) Unless otherwise
authorised by WorkCover WA, compensation shall be paid by the employer to the
worker at the employer’s usual place of payment of wages on the
employer’s usual pay days or, at the request of the worker shall be sent
by prepaid post to the worker’s address.
(6) A worker when
fulfilling any requirement of an arbitrator made under section 156B, is deemed
for the purposes of this clause to be totally incapacitated.
[Clause 7 amended: No. 85 of 1986 s. 12(1)(a); No.
48 of 1993 s. 28(1); No. 34 of 1999 s. 32(12); No. 42 of 2004 s. 141(5) and
(6), 146, 147, 149, 150 and 154(4); No. 31 of 2011 s. 123(1).]
Where a worker who has
so far recovered from his injury as to be fit for employment of a certain kind
satisfies an arbitrator that he has taken all reasonable steps to obtain, and
has failed to obtain, that employment and that the failure is a consequence,
wholly or mainly, of the injury, the arbitrator may, without limiting the
arbitrator’s powers of review, order that the worker’s incapacity
be treated, or continue to be treated, as total incapacity, for such period,
and subject to such conditions, as the order may provide.
[Clause 8 amended: No. 42 of 2004 s. 141(7) and
147.]
9 . No incapacity — medical expenses
Where a total or
partial incapacity for work does not result from the injury but the worker is
obliged to obtain medical or surgical, dental, physiotherapy or chiropractic
advice or treatment, clauses 17, 18, 18A, and 19 apply in so far as they may
be made applicable.
[Clause 9 amended: No. 42 of 2004 s. 141(8) and
147.]
10 . Absence from work for medical attendance
Where absence from
work arises from a necessary attendance for a medical or like purpose that is
authorised or required under this Act or from an unavoidable delay in the
provision, repair, or replacement of any artificial aid of the kinds referred
to in clause 17 and without which the worker is unable to work, the employer
shall pay a weekly payment or portion thereof at a rate equivalent to the rate
that applies for total or partial incapacity.
(1) Subject to clauses
12 to 16, for the purposes of this Schedule weekly earnings has the meaning
given by this clause.
(2) In this Schedule
—
Amount A means the rate of weekly earnings
payable, at the time of the incapacity, for the appropriate classification
under the relevant industrial award, or which would have been payable if the
relevant industrial award were still in operation, plus —
(a) any
over award or service payments paid on a regular basis as part of the
worker’s earnings; and
(b)
overtime; and
(c) any
bonus or allowance;
Amount Aa means the rate of weekly earnings
payable, at the time of the incapacity, for the appropriate classification
under the relevant industrial award, or which would have been payable if the
relevant industrial award were still in operation, plus —
(a) any
over award or service payments paid on a regular basis as part of the
worker’s earnings; and
(b) any
allowance paid on a regular basis as part of the worker’s earnings and
related to the number or pattern of hours worked by the worker; and
(c) any
other allowance prescribed by the regulations;
Amount B means —
(a) in
the case of a director who is a worker for a company other than a company that
is exempt under section 164 —
(i)
the average weekly earnings of the director over the
period in respect of which a statement was last made in respect of the
director under section 160(2b), determined by averaging the aggregate amount
so stated; or
(ii)
if a statement has not been made in respect of the
director under section 160(2b), the average weekly earnings of the director
determined under subclause (2a);
and
(b) in
the case of a director who is a worker for a company that is exempt under
section 164, the average weekly earnings of the director determined under
subclause (2b); and
(c) in
any other case, the worker’s average weekly earnings (including overtime
and any bonus or allowance) over the period of one year ending on the day
before the injury occurs in the employment that the worker is in when the
injury occurs or, if the worker is then in more than one employment at the end
of that period, the sum of the average weekly earnings (including overtime and
any bonus or allowance) in each employment, but if the worker has been in an
employment for a period of less than one year, the worker’s average
weekly earnings in that employment are to be determined over that lesser
period;
Amount C has the meaning given in section 5A(1A);
Amount D means the minimum rate of weekly earnings
payable, at the time of the incapacity, for the appropriate classification
under the relevant industrial award, or which would have been payable if the
relevant industrial award were still in operation;
Amount E means the minimum weekly earnings to
which the worker would have been entitled, at the time of the incapacity,
under the Minimum Conditions of Employment Act 1993 ;
bonus or allowance means any bonus or incentive,
shift allowance, week-end or public holiday penalty allowance, district
allowance, industry allowance, meal allowance, living allowance, clothing
allowance, travelling allowance, or other allowance;
earnings includes wages, salary and other
remuneration;
overtime means any payment for the hours in excess
of the number of ordinary hours which constitute a week’s work.
(2a) For the purposes
of paragraph (a)(ii) of the definition of Amount B the average weekly earnings
of a director of a company are to be determined —
(a) if
the director has been a director of the company for a period of less than one
year, by averaging the earnings paid to the director by the company over that
period ending on the day before the injury occurs as a worker of the company;
and
(b) if
the director has not been paid any earnings by the company before an injury
occurs as a worker of that company, by averaging the estimate of earnings of
the director furnished by the company under section 160(2a); and
(c)
otherwise, by averaging the earnings paid to the director by the company over
the period of one year ending on the day before the injury occurs as a worker
of the company.
(2b) For the purposes
of paragraph (b) of the definition of Amount B the average weekly earnings of
a director of a company are to be determined —
(a) if
the director has been a director of the company for a period of less than one
year, by averaging the earnings paid to the director by the company over that
period ending on the day before the injury occurs as a worker of the company;
and
(b) if
the director has not been paid any earnings by the company before an injury
occurs as a worker of that company, by estimating the average weekly earnings
on the basis of any relevant contract, award or agreement with the company;
and
(c)
otherwise, by averaging the earnings paid to the director by the company over
the period of one year ending on the day before the injury occurs as a worker
of the company.
(2c) The earnings
referred to in subclauses (2a) and (2b) are to be verified, to the extent
practicable, by supporting particulars provided by the company.
(3) In the case of a
worker whose earnings are prescribed by an industrial award when the injury
occurs, weekly earnings are —
(a) for
the 1 st to the 13 th weekly payments: Amount A but not more than Amount C or
less than Amount D;
(b) for
weekly payments after the 13 th : Amount Aa, or a lesser amount determined in
accordance with the regulations, but not more than Amount C or less than
Amount D.
(4) In the case of a
worker to whom subclause (3) does not apply, weekly earnings are —
(a) for
the 1 st to the 13 th weekly payments: Amount B but not more than Amount C or
less than Amount E;
(b) for
weekly payments after the 13 th : 85% of Amount B, or a lesser amount
determined in accordance with the regulations, but not more than Amount C or
less than Amount E.
(5) Subject to
subclause (6) —
(a) the
references in the definition of Amount A in subclause (2) to overtime and any
bonus or allowances; and
(b) the
references in the definition of Amount Aa in subclause (2) to allowances,
are references to
those items averaged over the period of 13 weeks ending at the date of
incapacity.
(6) If the worker was
totally or partially incapacitated from working or for any other reason did
not work during any part of the period of 13 weeks mentioned in subclause (5),
that part is to be disregarded in calculating the average amount per week that
the worker was paid over that period.
(7) Regulations made
for the purposes of subclause (3)(b) or (4)(b) may provide for lesser amounts
(but not less than Amount D or E, whichever is applicable) to be determined in
respect of weekly payments after the 13 th , 26 th or 52 nd , or after such
other numbers of weekly payments as are prescribed.
[Clause 11 inserted: No. 34 of 1999 s. 32(13);
amended: No. 42 of 2004 s. 141(9)-(14) and 147; No. 16 of 2005 s. 15; No. 31
of 2020 s. 18.]
[ 11A. Deleted: No. 34 of 1999 s. 32(13).]
12 . Part-time worker, deductions in respect of
In respect of
employment to which clause 11(3) applies, in the case of a part-time worker
employed solely in the employment in which the injury occurs, a proportionate
deduction shall be made in such weekly earnings to the extent that the hours
worked by him each week are less than the number of hours stated in the
industrial award as ordinary hours which constitute a week’s work.
[Clause 12 amended: No. 34 of 1999 s. 32(14) and
(19); No. 42 of 2004 s. 147.]
13 . Concurrent contracts, deductions in respect
of
In respect of
employment to which clause 11(3) applies, in the case of a worker who had
entered into concurrent contracts of service with 2 or more employers under
which he worked at one time for one such employer and at another time for
another such employer and —
(1) under which the
total number of hours worked each week by him are less than the number of
hours stated in the industrial award relating to the employment in which the
injury occurs as ordinary hours which constitute a week’s work, a
proportionate deduction shall be made in such weekly earnings to the extent
the total number of hours worked by him are so less; or
(2) under which the
total number of hours worked by him, discounting in respect of each of the
employments overtime or any bonus or allowance, are equal to or more than the
number of hours stated in the industrial award relating to the employment in
which the injury occurs as ordinary hours which constitute a week’s
work, no deduction shall be made.
[Clause 13 amended: No. 34 of 1999 s. 32(15)-(17)
and (19); No. 42 of 2004 s. 147.]
14 . Casual or seasonal worker, weekly earnings of
In the case of a
casual or a seasonal or other worker who is ordinarily employed for only part
of the year, weekly earnings means that fraction of the worker’s weekly
earnings calculated and varied in accordance with this Schedule as represents
the same ratio that the number of weeks that he normally works each year bears
to 52.
15 . Paid board and lodging, effect on earnings
Where the remuneration
of a worker consists of wages with board or board and lodging, the wages or
the earnings of the worker shall, for the purposes of this Act, be deemed to
be the amount of the wages with the addition of the value of such board or
board and lodging to be assessed, but such board or board and lodging shall
not be assessed at a sum exceeding the amount applying in accordance with
section 5A.
[Clause 15 amended: No. 34 of 1999 s. 53(c).]
16A . Weekly earnings of jockeys
(1) In this clause
—
jockey means a person who is included as a worker
by section 11A(2);
relevant Commonwealth award , with respect to an
injury, means the award under the Fair Work Act 2009 (Commonwealth) or another
Commonwealth Act that, on the day the injury occurred, operated to prescribe
the earnings of stable foremen.
(2) With respect to
injuries occurring before the day on which the Workers’ Compensation and
Injury Management Amendment (Jockeys) Act 2012 section 4 comes into operation,
the weekly earnings of a jockey are taken to be an amount equal to the weekly
rate of wages, including special allowances, prescribed for stable foremen
under the relevant Commonwealth award.
[Clause 16A inserted: No. 45 of 2012 s. 6.]
(1) The weekly
earnings of the worker calculated in accordance with other applicable clauses
shall be varied from the date and to the extent of any variation in the
provisions of the relevant industrial award made after the injury occurs, or,
where weekly earnings are calculated under clause 11(4), the weekly earnings
shall be varied from the date and to the extent of any variation the worker
would have been entitled to receive in the normal course of his employment.
(2) Where a relevant
industrial award becomes redundant or obsolete the weekly earnings of the
worker calculated in accordance with other applicable clauses shall be varied
from the date and to the extent of any percentage increase in minimum wages
resulting from —
(a) a
national minimum wage order made under the Fair Work Act 2009 (Commonwealth);
or
(b) any
other instrument determining or regulating minimum wages prescribed by the
regulations in place of national minimum wage orders.
[Clause 16 inserted: No. 44 of 1985 s. 41;
amended: No. 34 of 1999 s. 32(18) and (19); No. 42 of 2004 s. 147; No. 31 of
2011 s. 123(8).]
17 . Medical and other expenses
In addition to weekly
payments of compensation payable, a sum is payable equal to the reasonable
expenses incurred or likely to be incurred in respect of —
(1) first aid and
ambulance or other service to carry the worker to hospital or other place for
medical treatment; medicines and medical requisites; medical or surgical
attendance and treatment, including where necessary, medical or surgical
attendance and treatment by specialists; dental attendance and treatment;
physiotherapy or chiropractic attendance and treatment; attendance and
treatment that is approved treatment; charges for hospital treatment and
maintenance, in accordance with clause 18 but not including charges for a
nursing home unless a medical practitioner certifies that the worker is
totally and permanently incapacitated and requires continuing medical
treatment and maintenance which cannot be administered in the worker’s
domestic environment; the provision of hearing aids, artificial teeth,
artificial eyes, and where the injury renders their use necessary, spectacles
or contact lenses, in so far as that attendance, treatment, or other item does
not include vocational rehabilitation, but not exceeding, in the aggregate, a
sum equal to 30% of the prescribed amount, unless clause 18A applies, and
there shall be no revival of, or increase in, the entitlement to such expenses
upon any subsequent increase in the prescribed amount; and
(1aa) the first
assessment of a worker for the purposes of section 93L in respect of a
particular injury and any previous attempt at an assessment that resulted in a
finding that the worker’s condition had not stabilised to the extent
required for a normal evaluation, as defined in section 146C to be made, but
not including the cost of any travel, meals, or lodging; and
(1a) vocational
rehabilitation up to, but not exceeding, in the aggregate, a sum equal to 7%
of the prescribed amount, and there shall be no revival of, or increase in,
the entitlement under this subclause upon any subsequent increase in the
prescribed amount; and
[(2) deleted]
(3) the repair or
replacement, including such services by way of consultations, examinations, or
prescriptions as are reasonably rendered by medical practitioners, dentists,
or other qualified persons in connection with the repair or replacement of a
hearing aid, an artificial limb, artificial teeth, artificial eyes,
spectacles, or contact lenses damaged or destroyed by accident arising out of
or in the course of the worker’s employment, or whilst the worker is
acting under the employer’s instructions, whether or not, except in the
case of artificial teeth, the worker suffers a personal injury by accident;
and
(4) the purchase or
supply of a wheeled chair or similar appliance, where the worker has suffered
the loss of both legs or is paralysed in both legs by reason of an injury
suffered by a worker but not exceeding the amount applying in accordance with
section 5A; and
(5) the cost of any
surgical appliance or of an artificial limb that complies with the standards
laid down by the Commonwealth Repatriation Artificial Limb and Appliance
Centre, if such an appliance or artificial limb is capable of relieving any
effect of an injury suffered by a worker; and
(6) in the case of
personal injury by accident arising out of or in the course of the
worker’s employment, or whilst acting under the employer’s
instructions, the reasonable cost of any necessary repair or replacement of
clothing damaged or destroyed at the time of the accident.
[Clause 17 amended: No. 44 of 1985 s. 41(1)(c);
No. 85 of 1986 s. 12(1)(b); No. 96 of 1990 s. 48(1)(b) and (c); No. 34 of 1999
s. 53(a); No. 42 of 2004 s. 141(15), 146 and 147; No. 8 of 2018 s. 10(3).]
18 . Hospital charges, amount of
(1) The hospital
charges mentioned in clause 17(1) for treatment and maintenance of the worker
in a hospital shall, subject to subclause (2), be as provided under the
Health Services Act 2016 in relation to such cases.
(2) Where, on the
reasonable medical advice in the interests of the health of the worker or
where by reason of the unavailability of hospital accommodation, or in the
discretion of an arbitrator in any other case, the worker occupies more
expensive hospital accommodation than that to which the prescribed charges
refer an arbitrator may, on the application of the worker, determine that a
rate higher than those prescribed shall be the rate for hospital charges.
[Clause 18 amended: No. 48 of 1993 s. 28(1); No.
103 of 1994 s. 18; No. 42 of 2004 s. 149; No. 11 of 2016 s. 306.]
18A . Expenses exceeding those provided by cl.
17(1)
(1AA) In this clause
—
reasonable expenses referred to in clause 17(1)
includes the vehicle running expenses, reasonable fares and expenses and
reasonable cost of meals and lodging referred to in clause 19(1).
(1) Where the worker
has incurred reasonable expenses referred to in clause 17(1) in excess of the
maximum amount provided for by that subclause, an arbitrator may, subject to
subclauses (1CA) and (2), if the arbitrator considers that the maximum amount
is inadequate, allow such additional sum as the arbitrator thinks proper in
the circumstances.
(1a) Where the worker
is likely to incur reasonable expenses referred to in clause 17(1) in excess
of the maximum amount provided for by that subclause, an arbitrator may,
subject to subclauses (1CA) and (2), if the arbitrator considers that the
maximum amount is likely to be inadequate, allow such specific additional sum
as the arbitrator thinks proper in the circumstances.
(1b) Where —
(a) a
worker has incurred reasonable expenses referred to in clause 17(1) in excess
of the maximum amount provided for by that subclause; and
(b) an
additional sum has been allowed in the exercise of a discretion under
subclause (1) or (1a) in respect of the expenses; and
(c) the
worker is likely to incur reasonable expenses referred to in clause 17(1) in
excess of the aggregate of the maximum amount provided for by clause 17(1) and
the $50 000 allowable under subclause (1) or (1a),
an arbitrator may,
subject to subclauses (1C) and (2aa), allow such further additional sum or
sums as the arbitrator thinks proper in the circumstances.
(1CA) In the exercise
of a discretion under subclause (1) or (1a), an arbitrator is not to allow an
additional sum which exceeds, or additional sums which in aggregate exceed
—
(a) $50
000; less
(b) any
sum or sums in excess of the maximum amount provided by clause 17(1) that the
insurer or employer has voluntarily paid in respect of reasonable expenses
referred to in that clause.
(1C) In the exercise
of a discretion under subclause (1b), an arbitrator is not to allow a further
additional sum which exceeds, or further additional sums which in aggregate
exceed —
(a) the
prescribed amount; less
(b) any
sum or sums in excess of the maximum amount provided by clause 17(1) that the
insurer or employer has voluntarily paid in respect of reasonable expenses
referred to in that clause.
(1d) In subclause (1C)
—
prescribed amount means —
(a) $250
000; or
(b) if a
greater amount is prescribed by the regulations, that greater amount.
(2) An arbitrator
shall not allow an additional sum in the exercise of a discretion under
subclause (1) or (1a) unless the arbitrator considers that such a sum ought to
be allowed, having regard to the social and financial circumstances and the
reasonable financial needs of the worker.
(2aa) An arbitrator is
not to allow a further additional sum in the exercise of a discretion under
subclause (1b) unless —
(a) the
worker and the worker’s employer agree that the worker’s degree of
permanent whole of person impairment, as defined in clause 18C(3), is not less
than 15%, or the worker has a certificate of an approved medical specialist
given under section 146H indicating the worker has a degree of permanent whole
of person impairment, as defined in clause 18C(3), of not less than 15%; and
(b) if
the employer disputes the assessment of the approved medical specialist
referred to in paragraph (a), a determination is made in accordance with
clause 18C that the worker’s degree of permanent whole of person
impairment is not less than 15%; and
(c) the
arbitrator determines that —
(i)
such a sum ought to be allowed, having regard to the
social and financial circumstances and the reasonable financial needs of the
worker; and
(ii)
the circumstances in relation to the medical and
associated conditions, treatment and management of the worker are exceptional
circumstances as prescribed by the regulations and satisfactory prescribed
evidence of those circumstances has been produced to the arbitrator; and
(iii)
the further additional sum is required for reasonable
expenses likely to be incurred in respect of surgical attendance and
treatment, hospital treatment and maintenance or post-operative health
treatment or related expenses, of a kind referred to in clause 17(1), (3), (4)
or (5).
(2ab) If permitted by
section 145A to do so, the arbitrator may refer a question arising under
subclause (2aa)(c)(ii) to a medical assessment panel for determination.
(2ac) No further
determination under subclause (2aa)(c)(ii) is required in respect of a second
or later exercise of discretion under subclause (1b) in respect of a worker if
the amount allowed is for expenses likely to be incurred in the course of
following a management plan, as defined in regulations made under this
subclause, produced when a determination was first made in respect of the
worker under subclause (2aa)(c)(ii).
(2a) An application
under subclause (1a) may be made at any time after the reasonable expenses
referred to in clause 17(1) incurred by the worker exceed 60% of the maximum
amount provided for by that subclause.
(3) An application
under subclause (1b) —
(a) may
be made at any time after —
(i)
an additional sum has been allowed to the worker under
subclause (1) or (1a); and
(ii)
that additional sum allowed exceeds, in whole or in
aggregate, $30 000, less any sum or sums in excess of the maximum amount
provided by clause 17(1) that the insurer or employer has voluntarily paid in
respect of reasonable expenses referred to in that clause;
but
(b) may
not be made after the final day within the meaning of clause 18B.
(4) The insurer of the
employer, if the employer is insured in accordance with this Act, or otherwise
the employer, is to —
(a)
notify the worker when the reasonable expenses referred to in clause 17(1)
incurred by the worker exceed 60% of the maximum amount provided for by that
subclause; and
(b)
notify the worker when an additional sum allowed to the worker under subclause
(1) or (1a) exceeds, in whole or in aggregate, $30 000, less any sum or sums
in excess of the maximum amount provided by clause 17(1) that the insurer or
employer has voluntarily paid in respect of reasonable expenses referred to in
that clause.
Penalty: $1 000.
[Clause 18A inserted: No. 85 of 1986 s. 12(1)(c);
amended: No. 96 of 1990 s. 48(1)(d); No. 72 of 1992 s. 23; No. 48 of 1993
s. 28(1); No. 42 of 2004 s. 141(16)-(23) and 149; No. 31 of 2011 s.
123(9)-(16).]
18B . Final day for cl. 18A(1b) application
(1) If a claim for
compensation by way of weekly payments has been made in accordance with
section 178(1)(b) with respect to an injury of a worker, the final day for
making an application by that worker under clause 18A(1b) is the last day of
the period of 5 years after the day on which the claim for compensation is
made unless a later day is fixed under subclause (2) or (3).
(2) If, after the
expiry of the period of 3 months after the day on which the claim is made
—
(a) an
arbitrator, acting under section 58(1) or (2), determines the question of
liability to make the weekly payments claimed; or
(b) the
worker is first notified that liability is accepted in respect of the weekly
payments claimed,
the final day is the
last day of the period 4 years and 9 months after the day of the act described
in paragraph (a) or (b) that was most recently done unless a later day is
fixed under subclause (3).
(3) The Director may,
in accordance with the regulations, from time to time extend the final day,
but only if the Director is satisfied that —
(a) in
the case of a worker whose final day, as determined under subclause (1) or
(2), is within 8 weeks after the coming into operation of section 141(22) of
the Workers’ Compensation Reform Act 2004 , the worker has, in
accordance with the regulations and before the final day, requested an
approved medical specialist to assess the worker’s degree of permanent
whole of person impairment, but the worker was not given, or it would be
impracticable to give, the worker the documents required to make an
application under clause 18A(1b) before the final day; or
(b) in
any other case, the worker has, in accordance with the regulations and at
least 8 weeks before the final day, requested an approved medical specialist
to assess the worker’s degree of permanent whole of person impairment,
but the worker was not given, or it would be impracticable to give, the worker
the documents required to make an application under clause 18A(1b) before the
final day.
(4) An extension under
subclause (3) is to be to a day that is not more than one year after the day
that would have been the final day had there been no extension under that
subclause.
(5) An extension is to
be in writing and the Director is required to give the worker and employer
each a copy of the extension.
(6) An extension may
be given even though the final day has passed.
[Clause 18B inserted: No. 42 of 2004 s. 141(24).]
18C . Degree of permanent whole of person
impairment, dispute as to
(1) In the exercise of
a discretion under clause 18A(1b), for the purposes of clause 18A(2aa)(b) an
arbitrator may —
(a)
determine the degree of permanent whole of person impairment; or
(b)
refer the question as to the degree of permanent whole of person impairment
for assessment by an approved medical specialist panel in accordance with
sections 146A and 146E and make a determination accordingly.
(2) If a determination
is made that the worker’s degree of permanent whole of person impairment
is not less than 15%, the arbitrator may order the employer to pay all or any
of the costs or expenses connected with the dispute, including expenses
connected with the referral to an approved medical specialist panel.
(3) In this clause,
and in clauses 18A and 18B —
degree of permanent whole of person impairment
means the degree of permanent whole of person impairment, evaluated as
described in sections 146A and 146E, resulting from the injury or injuries
arising from a single event, as defined in subsection (4).
(4) In the definition
of degree of permanent whole of person impairment in subclause (3) —
event means anything that results, whether
immediately or not and whether suddenly or not, in an injury or injuries of a
worker and the term includes continuous or repeated exposure to conditions
that result in an injury or injuries of a worker.
[Clause 18C inserted: No. 42 of 2004 s. 141(24).]
18D . Interim payment of expenses exceeding those
provided by cl. 17(1)
(1A) In this clause
—
reasonable expenses referred to in clause 17(1)
includes the vehicle running expenses, reasonable fares and expenses and
reasonable cost of meals and lodging referred to in clause 19(1).
(1) If —
(a) the
worker has incurred or is likely to incur reasonable expenses referred to in
clause 17(1) in excess of the maximum amount provided for by that subclause;
and
(b) an
application is made under clause 18A(1) or (1a) for an additional sum in
respect of those expenses,
an arbitrator may,
before that application is determined, allow such interim sum, but not
exceeding $2 000, as the arbitrator thinks proper in the circumstances.
(2) For the purposes
of calculating whether a sum of $50 000 has been or will be allowed under
clause 18A, an interim sum under subclause (1) in respect of an application
under clause 18A(1) or (1a) is taken to be a sum allowed in the exercise of a
discretion under clause 18A(1) or (1a).
[Clause 18D inserted: No. 42 of 2004 s. 141(25);
amended: No. 31 of 2011 s. 123(17).]
(1) Where a worker is
required by his employer, his employer’s duly authorised agent or
medical, or like adviser, or is advised by his own medical or like adviser, to
travel from the place where he resides to a hospital or other place for
treatment, or attendance of a kind referred to in clause 17; then, in addition
to the compensation payable to such worker under this Schedule, the employer
shall pay the worker’s vehicle running expenses, if any, at the
prescribed rate and any other reasonable fares and expenses incurred by the
worker in such travelling and return, and the reasonable cost of meals and
lodging necessarily incurred by the worker while away from his home for the
purpose of treatment, attendance, or medical examination not exceeding the
amount or amounts applying in accordance with section 5A.
(2) In any case where
no medical or like adviser is available and a worker travels for treatment, or
attendance of a kind referred to in clause 17 without being so required or
advised, the employer shall be liable as prescribed in subclause (1), if the
worker proves such travelling was necessary in the circumstances of the case.
(3A) In any case where
a worker travels for the worker’s degree of impairment to be assessed by
an approved medical specialist or an approved medical specialist panel, the
employer is liable to pay the worker’s vehicle running expenses,
reasonable fares and expenses and reasonable cost of meals and lodging —
(a) as
if subclause (1), with any necessary modifications, applied to the travelling;
and
(b) if
the worker proves that the travelling was necessary in the circumstances of
the case.
(3) The amounts to
cover the cost of meals and lodging shall not be payable to any worker who has
no person mentioned in Schedule 1A clause 2 who is dependent on the earnings
of the worker, unless the worker has incurred costs for meals and lodging in
excess of that which he would have incurred had he remained at his home, and
then only to the amount of that excess.
[Clause 19 amended: No. 34 of 1999 s. 53(d); No.
31 of 2011 s. 123(18); No. 8 of 2018 s. 10(4) and 16.]