Queensland Numbered Acts

WORKERS' COMPENSATION AND REHABILITATION (COAL WORKERS' PNEUMOCONIOSIS) AND OTHER LEGISLATION AMENDMENT ACT 2017 - SECT 36

36 Insertion of new schs 4B and 4C

After schedule 4A —
insert—

4B &endash; Pneumoconiosis score

1 Definitions for schedule

In this schedule—

"category" see section 2 (1)(b).

"consecutive categories" see section 3 .

"corresponding score" , for a category, means the score in section 2 (1), table 1, column 2 that corresponds to the category.

"reading" , of a chest x-ray, see section 2 .

2 Meaning of reading of chest x-ray

(1) A
"reading" , of a chest x-ray, is a process in which a qualified reader—

(a) assesses the x-ray for the appearance of opacities; and

(b) decides, in accordance with the ILO classification guidelines, the category in table 1, column 1 (the
"category" ) that applies to the appearance of opacities in the x-ray; and

(c) records the category decided under paragraph (b).

Table 1

	Column 1 Category	Column 2 Score
	0/-	0
	0/0	0
	0/1	0
	1/0	15
	1/1	20
	1/2	25
	2/1	50
	2/2	55
	2/3	60
	3/2	75
	3/3	80
	3/+	85
	Category A	90
	Category B	95
	Category C	100

(2) In this section—

"opacity" means—

(a) a small opacity within the meaning of the ILO classification guidelines; or

(b) a large opacity within the meaning of the ILO classification guidelines.

"qualified reader" means a doctor who is qualified and competent to categorise, in accordance with the ILO classification guidelines, the appearance of opacities in a chest x-ray.

Example—

a doctor approved as a B Reader by the National Institute for Occupational Safety and Health

3 Meaning of consecutive categories

Two categories are
"consecutive categories" if the categories—

(a) start with the same digit, other than 0; and

(b) appear in consecutive rows in section 2 (1), table 1.

Examples of categories that are consecutive categories—

• 2/1 and 2/2

• 3/3 and 3/+

Examples of categories that are not consecutive categories—

• 0/0 and 0/1

• 1/2 and 2/1

• category B and category C

4 Requirement for 2 readings

(1) A worker’s pneumoconiosis score is worked out by using 2 readings of the same chest x-ray of the worker in the way provided under subsection (2) or (3).

(2) If each reading records the same category, the worker’s pneumoconiosis score is the corresponding score for that category.

(3) If each reading records a different category, the worker’s pneumoconiosis score is—

(a) if the 2 categories are any combination of 0/-, 0/0 or 0/1—0; or

(b) if the 2 categories are consecutive categories—the higher of the corresponding scores for the consecutive categories; or

Example for paragraph (b)—

One reading records the category as 2/2, which has a corresponding score of 55. The other reading records the category as 2/3, which has a corresponding score of 60. The worker’s pneumoconiosis score is 60, being the higher of the corresponding scores for the consecutive categories.

(c) if the 2 categories are any combination of category A, category B or category C—the higher of the corresponding scores for the 2 categories.

Example for paragraph (c)—

One reading records the category as category A, which has a corresponding score of 90. The other reading records the category as category C, which has a corresponding score of 100. The worker’s pneumoconiosis score is 100, being the higher of the corresponding scores for the 2 categories.

5 Requirement for third reading

(1) This section applies if the worker’s pneumoconiosis score can not be worked out under section 4 .

(2) The worker’s pneumoconiosis score is worked out by—

(a) obtaining a third reading of the same chest x-ray; and

(b) using that reading, with the first 2 readings, in the way provided under subsection (3) or (4).

(3) If the third reading records the same category as either of the first 2 readings, the worker’s pneumoconiosis score is the corresponding score for that category.

(4) If the third reading records a different category from both of the first 2 readings, the worker’s pneumoconiosis score is—

(a) if 2 of the 3 categories are consecutive categories—the higher of the corresponding scores for the consecutive categories; or

Example for paragraph (a)—

The first 2 readings record the categories as 1/2 and 2/1. The third reading records the category as 2/2. Because the categories of 2/1 and 2/2 are consecutive categories, the worker’s pneumoconiosis score is 55, being the higher of the corresponding scores for the consecutive categories.

(b) if 2 of the 3 categories are any combination of category A, category B or category C—the higher of the corresponding scores for the 2 categories.

Example for paragraph (b)—

The first 2 readings record the categories as 3/+ and category A. The third reading records the category as category B. The worker’s pneumoconiosis score is 95, being the higher of the corresponding scores for category A and category B.

6 Requirement for fourth and fifth readings

(1) This section applies if the worker’s pneumoconiosis score can not be worked out under section 4 or 5.

(2) The worker’s pneumoconiosis score is worked out by—

(a) obtaining a fourth and fifth reading of the same chest x-ray; and

(b) using those readings, with the other 3 readings, in the way provided under subsection (3) .

(3) The worker’s pneumoconiosis score is the corresponding score for the median category of the categories recorded in each of the 5 readings.

Example—

The first 3 readings record the categories as 1/2, 2/1 and 2/3. The fourth and fifth readings record the categories as 1/2 and 2/1. The 5 categories, in ascending order, are 1/2, 1/2, 2/1, 2/1 and 2/3. The median category is 2/1, and the worker’s pneumoconiosis score is 50.

4C &endash; Lump sum compensation for workers with pneumoconiosis

1 Graduated scale

(1) This schedule contains the graduated scale for lump sum compensation for a worker to whom chapter 3, part 3, division 5 of the Act applies.

(2) The maximum amount of lump sum compensation payable under chapter 3, part 3, division 5 of the Act is $120,000.

2 How to use the graduated scale

(1) A pneumoconiosis band shown in column 1 comprises the pneumoconiosis scores in the corresponding entry in column 2.

(2) A worker who has a pneumoconiosis score shown in column 2 is entitled to lump sum compensation in the amount shown for the corresponding entry in column 3.

(3) However, the amount of the lump sum compensation under subsection (2) is subject to any reduction required under section 3 .

	Graduated scale
	Column 1 Pneumoconiosis band	Column 2 Pneumoconiosis scores	Column 3 Lump sum compensation
			$
	1	0	0
	2	15 20 25	18,000 24,000 30,000
	3	50 55 60	60,000 66,000 72,000
	4	75 80	90,000 96,000
	5	85	102,000
	6	90	108,000
	7	95	114,000
	8	100	120,000

3 Effect of worker’s lodgement age

(1) This section applies if the worker’s lodgement age is 71 years or more.

(2) For each whole year by which the worker’s lodgement age is more than 70 years, the amount (the
"prescribed amount" ) to which the worker would otherwise be entitled under section 2 (2) must be reduced by an amount equal to 5% of the prescribed amount.

Example—

A worker with a pneumoconiosis score of 100 has a lodgement age of 72 years. The worker is entitled under section 2 (2) to the amount of $120,000. However, that amount must be reduced under this subsection by $6,000 for each of the 2 years by which the worker’s lodgement age is more than 70 years. The amount of the worker’s entitlement under this schedule is therefore $108,000.

(3) However, the maximum reduction that may be made under subsection (2) is an amount equal to 50% of the prescribed amount.