WORKERS COMPENSATION ACT 1951 - SECT 82 When is compensation under Act generally not payable?

WORKERS COMPENSATION ACT 1951 - SECT 82

    (1)     This section applies if, apart from this section, compensation in relation to an injury to a worker is payable under this Act.

    (2)     Compensation is not payable if the injury to, or death of, the worker is caused by an intentionally self-inflicted injury.

    (3)     Compensation is not payable if it is proved that the injury to the worker is attributable to the worker's serious and wilful misconduct, unless the injury results in death or serious and permanent disablement.

    (4)     In subsection (3), the personal injury received by the worker is attributable to the serious and wilful misconduct of the worker if—

        (a)     at the time of the injury, the worker was under the influence of alcohol or a prescribed drug, unless the alcohol or prescribed drug did not contribute to the injury or was not consumed or taken voluntarily; or

        (b)     the injury was otherwise attributable to the serious and wilful misconduct of the worker.

    (5)     In this section:

"prescribed drug"—see the Road Transport (Alcohol and Drugs) Act 1977

, dictionary.

Note 1     The LTCS Act

applies to an injury to a worker arising out of, or in the course of, the worker's employment, including an injury that is attributable to the worker's serious and wilful misconduct (see LTCS Act

, s 6 (4) (b)).

Note 2     LTCS Act —see the dictionary.

"LTCS scheme"—see the LTCS Act

, dictionary.