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Contents (1987 - 70)
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Workers Compensation Act 1987 No 70
Current version for 25 March 2020 to date (accessed 10 April 2020 at 10:26)
Part 3 Division 4
Division 4 Compensation for non-economic loss
65   Determination of degree of permanent impairment
(1)  For the purposes of this Division, the degree of permanent impairment that results from an injury is to be assessed as provided by this section and Part 7 (Medical assessment) of Chapter 7 of the 1998 Act.
(2)  If a worker receives more than one injury arising out of the same incident, those injuries are together to be treated as one injury for the purposes of this Division.
Note.
 The injuries are to be compensated together, not as separate injuries. Section 322 of the 1998 Act requires the impairments that result from those injuries to be assessed together. Physical injuries and psychological/psychiatric injuries are not assessed together. See section 65A.
(3), (4)    (Repealed)
65A   Special provisions for psychological and psychiatric injury
(1)  No compensation is payable under this Division in respect of permanent impairment that results from a secondary psychological injury.
(2)  In assessing the degree of permanent impairment that results from a physical injury or primary psychological injury, no regard is to be had to any impairment or symptoms resulting from a secondary psychological injury.
(3)  No compensation is payable under this Division in respect of permanent impairment that results from a primary psychological injury unless the degree of permanent impairment resulting from the primary psychological injury is at least 15%.
Note.
 If more than one psychological injury arises out of the same incident, section 322 of the 1998 Act requires the injuries to be assessed together as one injury to determine the degree of permanent impairment.
(4)  If a worker receives a primary psychological injury and a physical injury, arising out of the same incident, the worker is only entitled to receive compensation under this Division in respect of impairment resulting from one of those injuries, and for that purpose the following provisions apply—
(a)  the degree of permanent impairment that results from the primary psychological injury is to be assessed separately from the degree of permanent impairment that results from the physical injury (despite section 65 (2)),
(b)  the worker is entitled to receive compensation under this Division for impairment resulting from whichever injury results in the greater amount of compensation being payable to the worker under this Division (and is not entitled to receive compensation under this Division for impairment resulting from the other injury),
(c)  the question of which injury results in the greater amount of compensation is, in default of agreement, to be determined by the Commission.
Note.
 If there is more than one physical injury those injuries will still be assessed together as one injury under section 322 of the 1998 Act, but separately from any psychological injury. Similarly, if there is more than one psychological injury those psychological injures will be assessed together as one injury, but separately from any physical injury.
(5)  In this section—
primary psychological injury means a psychological injury that is not a secondary psychological injury.
psychological injury includes psychiatric injury.
secondary psychological injury means a psychological injury to the extent that it arises as a consequence of, or secondary to, a physical injury.
66   Entitlement to compensation for permanent impairment
(1)  A worker who receives an injury that results in a degree of permanent impairment greater than 10% is entitled to receive from the worker’s employer compensation for that permanent impairment as provided by this section. Permanent impairment compensation is in addition to any other compensation under this Act.
Note.
 No permanent impairment compensation is payable for a degree of permanent impairment of 10% or less.
(1A)  Only one claim can be made under this Act for permanent impairment compensation in respect of the permanent impairment that results from an injury.
(2)  The amount of permanent impairment compensation is to be calculated as follows—
(a)  if the degree of permanent impairment is greater than 10% but not greater than 30%, the amount of permanent impairment compensation is to be calculated as follows—
 
(b)  if the degree of permanent impairment is greater than 30% but not greater than 50%, the amount of permanent impairment compensation is to be calculated as follows—
 
(c)  if the degree of permanent impairment is greater than 50% but not greater than 55%, the amount of permanent impairment compensation is $242,010,
(d)  if the degree of permanent impairment is greater than 55% but not greater than 60%, the amount of permanent impairment compensation is $309,020,
(e)  if the degree of permanent impairment is greater than 60% but not greater than 65%, the amount of permanent impairment compensation is $376,030,
(f)  if the degree of permanent impairment is greater than 65% but not greater than 70%, the amount of permanent impairment compensation is $443,030,
(g)  if the degree of permanent impairment is greater than 70% but not greater than 74%, the amount of permanent impairment compensation is $510,040,
(h)  if the degree of permanent impairment is greater than 74%, the amount of permanent impairment compensation is $577,050,
where D is the number derived by expressing the degree of permanent impairment as D%.
(2A)  To the extent to which the injury results in permanent impairment of the back, the amount of permanent impairment compensation calculated in accordance with subsection (2) is to be increased by 5%.
Example 1.
 A person suffers 12% permanent impairment. Under subsection (2), the amount of permanent impairment compensation to which he or she is entitled is $25,420. If the whole of the impairment is to the back, the compensation payable in relation to the back will be the whole $25,420. Under this subsection, that $25,420 will be increased by 5%, yielding $26,691.
Example 2.
 A person suffers 50% permanent impairment. Under subsection (2), the amount of permanent impairment compensation to which he or she is entitled is $175,000. If two-thirds of the impairment is to the back, the compensation payable in relation to the back will be two-thirds of $175,000, or $116,666.67. Under this subsection, that $116,666.67 will be increased by 5%, yielding $122,500. The total compensation payable for the impairment will therefore be $180,833.33.
(3)  The amount of permanent impairment compensation is to be calculated under this section as it was in force at the date the injury was received.
66A   Agreements for compensation
(1)  In this section, complying agreement means a written agreement—
(a)  under which a worker who has received an injury, and an employer or insurer, agree as to the degree of permanent impairment that has resulted from the injury, and
(b)  in which there is a provision in which the employer or insurer certifies that it is satisfied that the worker has obtained independent legal advice, or has waived the right to obtain independent legal advice, before entering into the agreement.
(2)  If a worker enters into a complying agreement in relation to an injury, the permanent impairment compensation to which the worker is entitled in respect of the injury is the compensation payable in respect of the degree of impairment so agreed.
(3)  The Commission may award compensation additional to the compensation payable under subsection (2) by virtue of a complying agreement if it is established that—
(a)  the agreed degree of permanent impairment is manifestly too low, or
(b)  the worker has been induced to enter into the agreement as a result of fraud or misrepresentation, or
(c)  since the agreement was entered into, there has been an increase in the degree of permanent impairment beyond that so agreed.
(4)  Complying agreements, and the payments made under them, are to be recorded in accordance with the Workers Compensation Guidelines.
(5)  Subsection (2) has effect despite section 234 (No contracting out) of the 1998 Act.
(6)  Nothing in this section prevents a complying agreement from containing provision as to the payment of costs.
66B   No proceedings to enter up award on agreement for compensation
(1)  When a worker agrees to receive an amount of permanent impairment compensation, the Commission is not to entertain proceedings for entry of an award to give effect to the agreement unless the proceedings also relate to some dispute in connection with the worker’s claim for compensation under this Act.
(2)  The regulations may prescribe exceptions to this section.
(3)  The regulations may make provision for or with respect to—
(a)  requiring an application referring a matter to the Commission to be accompanied by evidence (in the form of a certificate or other information provided for by the regulations) that the proceedings are not prevented by this section from being entertained by the Commission, and
(b)  preventing the acceptance for lodgment of an application not accompanied by any evidence required by the regulations to accompany it.
67   (Repealed)
67A   Special provisions for HIV/AIDS
(1)    (Repealed)
(1A)  For the purposes of the determination of the amount of permanent impairment compensation payable, HIV infection and AIDS are each considered to result in a degree of permanent impairment of 100%.
(2)  Section 68 does not apply to a loss that is HIV infection or AIDS.
(3)  The regulations may make provision for methods for determining for the purposes of this Act whether a person is HIV infected or is suffering from AIDS. Regulations need not be made under this subsection and in the absence of regulations the determination of whether a person is HIV infected or suffering from AIDS is to be on the basis of medical opinion.
(4)  Permanent impairment compensation is not payable in respect of permanent impairment that is HIV infection or AIDS if the impairment resulted from voluntary sexual activity or illicit drug use. This subsection does not limit the operation of section 14 (Conduct of worker etc).
(5)  In this section HIV infection means infection by the Human Immunodeficiency Virus, and AIDS means Acquired Immune Deficiency Syndrome.
68, 68A   (Repealed)
68B   Deductions for previous injuries and pre-existing conditions—operation of sections 15, 16, 17 and 22
(1)  When determining the compensation payable in respect of permanent impairment for the purposes of the apportionment of liability under section 22, there is to be no deduction under section 323 of the 1998 Act for any proportion of the impairment that is due to an injury in respect of which liability is to be apportioned (but without affecting any deduction under that section for any proportion of the impairment that is due to any other injury or that is due to any pre-existing condition or abnormality).
(2)  When determining the compensation payable by an employer in a case in which section 15 applies (disease of such a nature as to be contracted by a gradual process), section 323 of the 1998 Act applies to that compensation subject to the following—
(a)  there is to be no deduction under section 323 of the 1998 Act for any proportion of the permanent impairment that is due to the worker’s employment in previous relevant employment (as defined in paragraph (b)) except any such proportion for which compensation under this Division (as in force at any time) or section 16 of the former Act has been paid or is payable,
(b)  for the purposes of paragraph (a), previous relevant employment is employment to the nature of which the disease was due by a previous employer who is liable under section 15 to contribute in respect of the compensation being determined (or who would be so liable if the requirement to contribute were not limited to employers who employed the worker during a particular period),
(c)  in the case of permanent impairment of the back, neck or pelvis, a reference in this subsection to previous relevant employment is limited to employment after the commencement of this Act.
(3)  When determining the compensation payable by an employer in a case in which section 16 applies (an injury that consists in the aggravation, acceleration, exacerbation or deterioration of a disease), section 323 of the 1998 Act applies to that compensation subject to the following—
(a)  there is to be no deduction under section 323 of the 1998 Act for any proportion of the impairment that is due to the worker’s employment in previous relevant employment (as defined in paragraph (b)) except any such proportion for which compensation under this Division (as in force at any time) or section 16 of the former Act has been paid or is payable,
(b)  for the purposes of paragraph (a), previous relevant employment is employment that was a substantial contributing factor to the aggravation, acceleration, exacerbation or deterioration by a previous employer who is liable under section 16 to contribute in respect of the compensation being determined (or who would be so liable if the requirement to contribute were not limited to employers who employed the worker during a particular period),
(c)  in the case of permanent impairment of the back, neck or pelvis, a reference in this subsection to previous relevant employment is limited to employment after the commencement of this Act.
(4)  When determining the compensation payable by an employer in a case in which section 17 applies (loss or further loss of hearing), section 323 of the 1998 Act applies to that compensation subject to the following—
(a)  there is to be no deduction under section 323 of the 1998 Act for any proportion of the impairment that is due to the worker’s employment in previous relevant employment (as defined in paragraph (b)) except any such proportion for which compensation under this Division (as in force at any time) or section 16 of the former Act has been paid or is payable,
(b)  for the purposes of paragraph (a), previous relevant employment is employment to the nature of which the disease was due by a previous employer who is liable under section 17 to contribute in respect of the compensation being determined (or who would be so liable if the requirement to contribute were not limited to employers who employed the worker during a particular period).
69–72A   (Repealed)
73   Reimbursement for costs of medical certificate and examination
(1)  The obtaining of a permanent impairment medical certificate and any examination required for the certificate are taken to be a medical or related treatment for the purposes of Division 3 if—
(a)  the medical practitioner has completed such training as the Authority may require in respect of the assessment of the degree of permanent impairment as provided by this Act, and
(b)  the worker has given the employer a copy of the certificate.
(2)  In this section—
permanent impairment medical certificate means a report or certificate of a medical practitioner that certifies—
(a)  that a worker has received an injury resulting in permanent impairment, and
(b)  the degree of permanent impairment (assessed as provided by this Act) resulting from the injury.
(3)  The following provisions apply to compensation to which a worker is entitled in respect of the obtaining of a permanent impairment medical certificate and any examination required for the certificate—
(a)  the compensation is not payable until the claim for the permanent impairment compensation to which the certificate or examination relates is determined,
(b)  a claim for the compensation is to be treated as part of the claim for the permanent impairment compensation to which the certificate or examination relates (and so is subject to the requirements of section 281 of the 1998 Act as to when the claim must be determined),
(c)  section 279 (Liability to be accepted within 21 days) of the 1998 Act does not apply to the compensation.