WORKERS' COMPENSATION AND REHABILITATION REGULATION 2003

Queensland Consolidated Regulations

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WORKERS' COMPENSATION AND REHABILITATION REGULATION 2003

TABLE OF PROVISIONS

Contents

Part 1--Preliminary

1. Short title
2. Commencement
3. Definitions
4. Authority's trading name—Act, s 328
5. WorkCover's capital adequacy—Act, s 453

Part 2--Employer insurance

Division 1--Policies and premium assessments

6. Application for policy
7. Policies and renewals
8. Assessment of premium
9. Declaration of wages
10. Value of board and lodging
11. Payment of premium by instalments
12. Additional premium for late payment of premium—Act, ss 61 and 62
14. Premium for appeals—Act, s 569(2)(a)
15. Former employer may apply to cancel policy
15A. Cancellation of policy if workers no longer employed

Division 2--Employer excess

16. Excess period—Act, s 65

Division 3--Self-insurance

19. Application fees—Act, s 70
20. Annual levy—Act, s 81
20A. Provisional annual levy
21. Additional amount for late payment of levy—Act, s 82
22. Conditions of licence—Act, s 83
23. Premium payable after cancellation of self-insurer's licence—Act, s 98
23A. Deemed levy for appeals—Act, s 569(2)(a)
24. Actuarial procedure—self-insurers

Part 3--Other insurances

Division 1--Students

25. Insurance of work experience students
26. Insurance of vocational placement students

Division 2--Eligible persons

27. Proposal for contract of insurance—Act, s 24
28. Documents to be kept by eligible person

Division 3--Other persons

29. Contracts of insurance for other persons

Division 4--Contracts of insurance generally

30. Entitlements of persons mentioned in ch 1, pt 4, div 3, sdivs 1, 2 and 4
31. WorkCover not liable if premium not paid
32. Duty to report injury

Part 4--Amount of calculation of liability for self-insurers

Division 1--Outstanding liability
Subdivision 1--Purpose of div 1

33. Purpose of div 1
Subdivision 2--Calculation
34. Appointment of actuary for calculation
35. Calculation
36. Authority to give actuaries information
37. Actuarial report
38. Summary report
39. Agreement on calculation
40. Reference to arbiter if no agreement
41. Arbiter's costs
42. Payment of amount for outstanding liability
43. Transfer of claims information
Subdivision 3--Recalculation
44. Purpose of sdiv 3
45. Application of sdiv 3 for group employers
46. Appointment of actuary for recalculation
47. Recalculation
48. Authority to give actuaries information
49. Actuarial report
50. Summary report
51. Agreement on recalculation
52. Reference to arbiter if no agreement
53. Arbiter's costs
54. Payment of amount for recalculation

Division 2--Total liability

55. Purpose of div 2
56. Appointment of actuary
57. Calculation
58. Parties to give actuaries information
59. Actuarial report
60. Summary report
61. Agreement on calculation
62. Reference to arbiter if no agreement
63. Arbiter's costs
64. Payment of amount for total liability
65. Transfer of claims information

Division 3--Liability after cancellation of self-insurer's licence

66. Purpose of div 3
67. Appointment of actuary
68. Calculation
69. Former self-insurer to give actuaries information
70. Actuarial report
71. Summary report
72. Agreement
73. Reference to actuarial arbiter if no agreement
74. Arbiter's costs
75. Payment of amount for liability

Division 3A--Estimated claims liability

75A. Purpose of div 3A
75B. Definition for div 3A
75C. Approved actuary
75D. Calculation
75E. Self-insurer to give Authority and approved actuary information
75F. Actuarial report
75G. Copy of actuarial report to Authority and self-insurer
75H. Authority to advise self-insurer whether agreement
75I. Reference to Authority's actuary if no agreement
75J. Agreement on estimated claims liability
75K. Reference to arbiter
75L. Arbiter's costs

Division 3B--Self-insurers who become non-scheme employers
Subdivision 1--Preliminary

75M. Purpose of div 3B
75N. Definition for div 3B
Subdivision 2--Calculation
75O. Appointment of actuary for calculation
75P. Calculation
75Q. Non-scheme employer to give actuaries information
75R. Actuarial report
75S. Summary report
75T. Agreement
75U. Reference to actuarial arbiter if no agreement
75V. Arbiter's costs
75W. Payment of amount for liability
Subdivision 3--Recalculation
75X. Purpose of sdiv 3
75Y. Appointment of actuary for recalculation
75Z. Recalculation
75ZA. WorkCover to give actuaries information
75ZB. Actuarial report
75ZC. Summary report
75ZD. Agreement on recalculation
75ZE. Reference to arbiter if no agreement
75ZF. Arbiter's costs
75ZG. Payment of amount for recalculation

Division 3C--Total liability—member of a group who becomes non-scheme employer

75ZH. Purpose of div 3C
75ZI. Appointment of actuary
75ZJ. Calculation
75ZK. Parties to give actuaries information
75ZL. Actuarial report
75ZM. Summary report
75ZN. Agreement on calculation
75ZO. Reference to arbiter if no agreement
75ZP. Arbiter's costs
75ZQ. Payment of amount for total liability
75ZR. Transfer of claims information

Division 4--Actuarial arbiter

76. Function of actuarial arbiter
77. Appointment of actuarial arbiter
78. Decision of arbiter
79. Arbiter's decision is final

Part 5--Compensation

Division 1--Calculation of NWE

80. Calculation of NWE
81. What amounts may or may not be taken into account
82. NWE if impracticable to calculate rate of worker's remuneration
83. NWE if worker worked for 2 or more employers
84. NWE if insurer considers calculation unfair

Division 2--Compensation application and other procedures

85. Application for compensation
86. Certificate given by dentist, doctor or nurse practitioner
87. If dentist, doctor or nurse practitioner not available
88. Examination of claimant or worker—Act, ss 135 and 510
89. Payment for treatment arranged by employer other than self-insurer
91. Special medical treatment, hospitalisation or medical aid

Division 3--Entitlement to compensation for permanent impairment

92. Table of injuries
93. Assessing degree of permanent impairment from multiple injuries using the table of injuries
94. Assessment for industrial deafness—Act, s 179
95. Calculation of WRI—Act, s 183
95A. Additional lump sum compensation—workers with latent onset injuries that are terminal conditions—Act, s 128B
96. Additional lump sum compensation for certain workers—Act, s 192
97. Additional lump sum compensation for gratuitous care—Act, s 193

Part 6--Rehabilitation

Division 1--Caring allowance

98. Further information required in occupational therapist's report—Act, s 224
99. Extent of liability for caring allowance—Act, s 225

Division 1A--Rehabilitation and return to work coordinators

99A. Criteria for rehabilitation and return to work coordinator—Act, s 41(a)
99B. Functions of rehabilitation and return to work coordinator—Act, s 41(b)
99C. Employer's obligation to appoint rehabilitation and return to work coordinator—Act, s 226(1)

Division 2--Workplace rehabilitation policy and procedures

99D. Employer's obligation to have workplace rehabilitation policy and procedures—Act s 227(1)
100. Reporting requirement for review of workplace rehabilitation policy and procedures

Division 3--Standard for rehabilitation

101. Who this division applies to
103. Standard for rehabilitation
104. Doctor's approval
105. Worker's file
106. Rehabilitation and return to work plan
106A. Suitable duties program
107. Case notes
108. Early worker contact
109. Rehabilitation
110. Confidentiality

Part 7--Damages

111. Notice of claim for damages—Act, s 275
112. Notice of claim and urgent proceedings—Act, s 276
112A. Insurer may add another person as contributor—Act, s 278A
112B. Contributor's response—Act, s 278B

Part 7A--Assessment of damages

112C. Prescribed amount of damages for loss of consortium or loss of servitium—Act, s 306M
112D. Rules for assessing injury scale value—Act, s 306O(1)(c)(i)
112E. General damages calculation provisions—Act, s 306P
112F. Prescribed amount of award for future loss—Act, s 306R

Part 8--Costs

Division 1--Proceeding before industrial magistrate or industrial commission

113. Costs—proceeding before industrial magistrate or industrial commission

Division 2--Claim for damages

114. Who this division applies to
115. Definition for div 2
116. Costs before proceeding started
117. Costs after proceeding started
118. Outlays

Part 8A--Medical assessment tribunals

118A. Medical assessment tribunals
118B. Constitution of General Medical Assessment Tribunal
118C. Chairperson and deputy chairperson of General Medical Assessment Tribunal
118D. Constitution of specialty medical assessment tribunal
118E. Chairperson and deputy chairperson of specialty medical assessment tribunal
118F. Constitution of composite tribunals
118G. Chairperson and deputy chairperson of composite tribunal

Part 9--Miscellaneous

119. Documents to be kept—Act, s 520
120. Reasons for decisions must address certain matters—Act, ss 540(4) and 546(3AA)
120A. Declaration of designated courts—Act, s 114
120B. Declaration of provisions that are a State's legislation about damages for work related injury—Act, s 322

Part 10--Transitional provisions

Division 1--Provisions for Workers' Compensation and Rehabilitation Amendment Regulation (No. 1) 2004

121. Estimated claims liability for ss 20 and 23A
122. Adjustment of annual levy

Division 2--Provisions for Workers' Compensation and Rehabilitation and Other Legislation Amendment Regulation (No. 1) 2004

123. Costs in proceedings before industrial magistrate
124. Excess period

Division 3--Provisions for Workers' Compensation and Rehabilitation Amendment Regulation (No. 1) 2008

125. Excess period
126. Rehabilitation and return to work coordinators
127. Adding person as contributor

Division 4--Provision for Workers' Compensation and Rehabilitation and Other Legislation Amendment Act 2010

128. Excess period
SCHEDULE 1 -- ADDITIONAL PREMIUM
SCHEDULE 2 -- TABLE OF INJURIES

Part 1--Upper extremity injuries

Division 1--Preliminary
1. Application of pt 1
2. How to use this part of the table
3. Interaction between this part and AMA 4
4. Formulas to be used for deciding lump sum compensation for permanent impairment

Division 2--Upper extremity injuries

Part 2--Lower extremity injuries

Division 1--Preliminary
1. Application of pt 2
2. How to use this part of the table
3. Interaction between this part and AMA 4
4. Formulas to be used for deciding lump sum compensation for permanent impairment

Division 2--Lower extremity injuries

Part 3--Special provision injuries

Division 1--Preliminary
1. Application of pt 3
2. How to use this part of the table
3. Interaction between this part and the assessment guides
4. Formula to be used for deciding lump sum compensation for permanent impairment

Division 2--Special provision injuries

Part 4--Other injuries

Division 1--Preliminary
1. Application of pt 4
2. How to use this part of the table
3. Interaction between this part and AMA 4
4. Formulas to be used for deciding lump sum compensation for permanent impairment

Division 2--System injuries

Part 5--Prescribed disfigurement

Division 1--Preliminary
1. Application of pt 5
2. How to use this part of the table

Division 2--Prescribed disfigurement

Part 6--Psychiatric or psychological injuries
1. Application of pt 6
2. Interaction between this part and AMA 4
3. Formula to be used for deciding lump sum compensation for permanent impairment
SCHEDULE 2A -- GRADUATED SCALE FOR ADDITIONAL COMPENSATION FOR WORKERS WITH TERMINAL LATENT ONSET INJURIES
1. Graduated scale
2. How to use this graduated scale
SCHEDULE 3 -- GRADUATED SCALE OF ADDITIONAL COMPENSATION FOR CERTAIN WORKERS
1. Graduated scale
2. How to use the graduated scale
SCHEDULE 4 -- GRADUATED SCALE FOR ADDITIONAL COMPENSATION FOR GRATUITOUS CARE
1. Graduated scale
2. How to use this graduated scale
SCHEDULE 5 -- GRADUATED SCALE OF CARE REQUIRED FOR PAYMENT OF CARING ALLOWANCE
1. Graduated scale
2. How to use this graduated scale
SCHEDULE 5A -- HIGH RISK INDUSTRIES
1. Categorisation of industries
SCHEDULE 6 -- LEGAL PROFESSIONAL COSTS
SCHEDULE 7 -- DESIGNATED COURTS AND PROVISIONS THAT ARE A STATE'S LEGISLATION ABOUT DAMAGES FOR WORK RELATED INJURY
SCHEDULE 8 -- MATTERS TO WHICH COURT IS TO HAVE REGARD IN THE APPLICATION OF SCHEDULE 9

Part 1--Objectives of schedule 9 (Ranges of injury scale values)
1. Objectives of sch 9

Part 2--How to use schedule 9

Division 1--Injury
2. Injury mentioned in sch 9
3. Multiple injuries
4. Multiple injuries and maximum dominant ISV inadequate
5. Adverse psychological reaction
6. Mental disorder
7. Aggravation of pre-existing condition

Division 2--Other matters
8. Court must have regard to particular provisions of sch 9
9. Court may have regard to other matters
10. Whole person impairment
11. Medical report stating whole person impairment percentage

12. Greater weight to assessments based on AMA 5
13. Greater weight to assessments of PIRS rating
14. ISV must be a whole number
SCHEDULE 9 -- RANGES OF INJURY SCALE VALUES

Part 1--Central nervous system and head injuries
1. Quadriplegia
2. Paraplegia
3. Hemiplegia or severe paralysis of more than 1 limb
4. Monoplegia
5. Extreme brain injury
6. Serious brain injury
7. Moderate brain injury
8. Minor brain injury
9. Minor head injury, other than an injury mentioned in part 3

Part 2--Mental disorders
10. Extreme mental disorder
11. Serious mental disorder
12. Moderate mental disorder
13. Minor mental disorder

Part 3--Facial injuries

Division 1--Skeletal injuries of the facial area

14. Extreme facial injury
15. Serious facial injury
16. Moderate facial injury
17. Minor facial injury
18. Injury to teeth or gums

Division 2--Scarring to the face

19. Extreme facial scarring
20. Serious facial scarring
21. Moderate facial scarring
22. Minor facial scarring

Part 4--Injuries affecting the senses

Division 1--General comment

Division 2--Injuries affecting the eyes

23. Total sight and hearing impairment
24. Total sight impairment
25. Complete sight impairment in 1 eye with reduced vision in the other eye
26. Complete sight impairment in 1 eye or total loss of 1 eye
27. Serious eye injury
28. Moderate eye injury
29. Minor eye injury

Division 3--Injuries affecting the ears

30. Extreme ear injury
31. Serious ear injury
32. Moderate ear injury
33. Minor ear injury

Division 4--Impairment of taste or smell

34. Total loss of taste or smell, or both
35. Partial loss of smell or taste, or both

Part 5--Injuries to internal organs

Division 1--Chest injuries

36. Extreme chest injury
37. Serious chest injury
38. Moderate chest injury
39. Minor chest injury

Division 2--Lung injury other than asthma

40. Extreme lung injury
41. Serious lung injury
42. Moderate lung injury
43. Minor lung injury

Division 3--Asthma

44. Extreme asthma
45. Severe asthma
46. Moderate asthma
47. Minor asthma

Division 4--Injuries to male reproductive system

48. Impotence and sterility
49. Loss of part or all of penis
50. Loss of both testicles
51. Loss of 1 testicle

Division 5--Injuries to female reproductive system

52. Infertility
53. Any other injury to the female reproductive system

Division 6--Injuries to digestive system
Subdivision 1--Injury caused by trauma

54. Extreme injury to the digestive system caused by trauma
55. Serious injury to the digestive system caused by trauma
56. Moderate injury to the digestive system caused by trauma
57. Minor injury to the digestive system caused by trauma
Subdivision 2--Injury not caused by trauma
58. Extreme injury to the digestive system not caused by trauma
59. Serious injury to the digestive system not caused by trauma
60. Moderate injury to the digestive system not caused by trauma
61. Minor injury to the digestive system not caused by trauma

Division 7--Kidney or ureter injuries

62. Extreme injury to kidneys or ureters
63. Serious injury to kidneys or ureters
64. Moderate injury to kidneys or ureters
65. Minor injury to kidneys or ureters

Division 8--Liver, gall bladder or biliary tract injuries

66. Extreme injury to liver, gall bladder or biliary tract
67. Serious injury to liver, gall bladder or biliary tract
68. Moderate injury to liver, gall bladder or biliary tract
69. Minor injury to liver, gall bladder or biliary duct

Division 9--Bowel injuries

70. Extreme bowel injury
71. Serious bowel injury
72. Moderate bowel injury
73. Minor bowel injury

Division 10--Bladder, prostate or urethra injuries

74. Extreme bladder, prostate or urethra injury
75. Serious bladder, prostate or urethra injury
76. Moderate bladder, prostate or urethra injury
77. Minor bladder, prostate or urethra injury

Division 11--Spleen and pancreas injuries

78. Injuries to the pancreas
79. Loss of spleen (complicated)
80. Injury to the spleen or uncomplicated loss of spleen

Division 12--Hernia injuries

81. Severe hernia
82. Moderate hernia
83. Minor hernia

Part 6--Orthopaedic injuries

Division 1--Cervical spine injuries

84. Extreme cervical spine injury
85. Serious cervical spine injury
86. Moderate cervical spine injury— fracture, disc prolapse or nerve root compression or damage
87. Moderate cervical spine injury—soft tissue injury
88. Minor cervical spine injury

Division 2--Thoracic spine or lumbar spine injuries

89. Extreme thoracic or lumbar spine injury
90. Serious thoracic or lumbar spine injury
91. Moderate thoracic or lumbar spine injury— fracture, disc prolapse or nerve root compression or damage
92. Moderate thoracic or lumbar spine injury—soft tissue injury
93. Minor thoracic or lumbar spine injury

Division 3--Shoulder injuries

94. Extreme shoulder injury
95. Serious shoulder injury
96. Moderate shoulder injury
97. Minor shoulder injury

Division 4--Amputation of upper limbs

98. Loss of both upper limbs, or loss of 1 arm and extreme injury to the other arm
99. Loss of 1 upper limb

Division 5--Elbow injuries

100. Extreme elbow injury
101. Serious elbow injury
102. Moderate elbow injury
103. Minor elbow injury

Division 6--Wrist injuries

104. Extreme wrist injury
105. Serious wrist injury
106. Moderate wrist injury
107. Minor wrist injury

Division 7--Hand injuries

108. Total or effective loss of both hands
109. Serious injury to both hands
110. Total or effective loss of 1 hand
111. Amputation of the thumb or part of the thumb
112. Amputation of index, middle and ring fingers, or any 2 of them
113. Amputation of individual fingers
114. Amputation of thumb and all fingers
115. Any other injury to 1 or more of the fingers or the thumb
116. Extreme hand injury
117. Serious hand injury
118. Moderate hand injury
119. Minor hand injury

Division 8--Upper limb injuries, other than injuries mentioned in divisions 3 to 7

120. Extreme upper limb injury, other than an injury mentioned in divisions 3 to 7
121. Serious upper limb injury, other than an injury mentioned in divisions 3 to 7
122. Moderate upper limb injury, other than an injury mentioned in divisions 3 to 7
123. Minor upper limb injury, other than an injury mentioned in divisions 3 to 7

Division 9--Pelvis or hip injuries

124. Extreme pelvis or hip injury
125. Serious pelvis or hip injury
126. Moderate pelvis or hip injury
127. Minor pelvis or hip injury

Division 10--Amputation of lower limbs
Subdivision 1--Amputation of both lower limbs

128. Loss of both lower limbs above or through the knee
129. Below the knee amputation of both lower limbs
Subdivision 2--Amputation of 1 lower limb
130. Above or through the knee amputation of 1 lower limb
131. Below the knee amputation of 1 lower limb

Division 11--Lower limb injuries, other than injuries mentioned in division 9 or 10 or divisions 12 to 15

132. Extreme lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15
133. Serious lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15
134. Moderate lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15
135. Minor lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15

Division 12--Knee injuries

136. Extreme knee injury
137. Serious knee injury
138. Moderate knee injury
139. Minor knee injury

Division 13--Ankle injuries

140. Extreme ankle injury
141. Serious ankle injury
142. Moderate ankle injury
143. Minor ankle injury

Division 14--Foot injuries
Subdivision 1--Amputations

144. Amputation of both feet
145. Amputation of 1 foot
Subdivision 2--Other foot injuries
146. Extreme foot injury that is not an amputation
147. Serious foot injury
148. Moderate foot injury
149. Minor foot injury

Division 15--Toe injuries

150. Extreme toe injury
151. Serious toe injury
152. Moderate toe injury
153. Minor toe injury

Division 16--Limb disorders

Part 7--Scarring to parts of the body other than the face

154. Scarring to a part of the body other than the face

Part 8--Burn injuries

Part 9--Injuries affecting hair

155. Extreme injury affecting head hair
156. Serious injury affecting head hair
157. Moderate injury affecting head hair or loss of body hair

Part 10--Dermatitis

158. Extreme dermatitis
159. Serious dermatitis
160. Moderate dermatitis
161. Minor dermatitis
SCHEDULE 10 -- MATTERS RELEVANT TO PIRS ASSESSMENT BY MEDICAL EXPERT

Part 1--Explanation of the PIRS
1. PIRS rates permanent impairment caused by mental disorder
2. Areas of functional impairment

Part 2--Assessment of PIRS rating
3. Medical expert must comply with requirements
4. How to assess a PIRS rating
5. Assessment if pre-existing mental disorder
6. How to work out a median class score
7. Conversion table
8. Example worksheet

Part 3--Particular cases
9. Refusal of treatment
10. Cognitive impairment
11. Pre-existing mental disorder

Part 4--Report of PIRS rating
12. Court to be given PIRS report
SCHEDULE 11 -- PSYCHIATRIC IMPAIRMENT RATING SCALE
SCHEDULE 12 -- GENERAL DAMAGES CALCULATION PROVISIONS
1. General damages calculation provision—1 July 2010 to 30 June 2011
2. General damages calculation provision—1 July 2011
SCHEDULE 13 -- DICTIONARY
Endnotes

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