RETURN TO WORK ACT 2014 - SECT 72
RETURN TO WORK ACT 2014 - SECT 72
72—No damages unless relevant whole person impairment thresholds met
(1) No damages may be
awarded against an employer except in circumstances that are consistent with
the operation of this Part and unless the injury results in—
(a) in
the case of physical injury—a degree of permanent impairment of the
worker that is at least 35%; or
(b) in
the case of psychiatric injury—a degree of permanent impairment of the
worker that is at least 30%; or
(c) the
death of the worker.
(2) The degree of
permanent impairment resulting from an injury is to be assessed—
(a)
under Part 2 Division 5; or
(b) if
relevant, under Part 8,
and if there is a difference between an assessment under paragraph (a)
and an assessment under paragraph (b), the assessment under
paragraph (b) applies and if there is a difference between an earlier
decision of the Tribunal under Part 8 and a later decision of a court
under the same Part, the decision of the court prevails.
(3) In assessing
whether the relevant threshold referred to in subsection (1) has been
met—
(a)
impairment resulting from physical injury is to be assessed separately from
impairment resulting from psychiatric injury; and
(b) in
assessing impairment resulting from physical injury or psychiatric injury, no
regard is to be had to impairment that results from consequential mental harm;
and
(c) in
assessing the degree of whole person impairment resulting from
physical injury, no regard is to be had to impairment that results from a
psychiatric injury or consequential mental harm; and
(d) the
relevant threshold referred to in subsection (1) is not met unless—
(i)
in the case of physical injury—the degree of whole
person impairment resulting from the injury is at least 35%; and
(ii)
in the case of psychiatric injury—the degree of
whole person impairment resulting from psychiatric injury is at least 30%.