RETURN TO WORK (TRANSITIONAL ARRANGEMENTS) (GENERAL) REGULATIONS 2015 - REG 5

RETURN TO WORK (TRANSITIONAL ARRANGEMENTS) (GENERAL) REGULATIONS 2015 - REG 5

5—Lump sum compensation—non-economic loss

        (1)         In this regulation—

"relevant compensating authority" in relation to a worker means—

            (a)         unless paragraph (b) applies—the Corporation;

            (b)         if the relevant existing injury arose from employment by a self-insured employer—the self-insured employer;

2010 regulations means the Workers Rehabilitation and Compensation Regulations 2010 .

        (2)         The table set out in Schedule 4 of the 2010 regulations will continue to apply in respect of an existing injury—

            (a)         despite the revocation of those regulations by regulations under the Return to Work Act 2014 ; and

            (b)         despite (if relevant) any assessment of a worker's degree of whole person impairment in respect of the existing injury being made under the Return to Work Act 2014 rather than under the repealed Act (and if such an assessment is made under the Return to Work Act 2014 in respect of an existing injury then regulation 39(1) and Schedule 4 of the 2010 regulations will apply as if any reference to a worker's whole of person impairment assessed under Part 4 Division 5 of the repealed Act were a reference to a worker's degree of whole person impairment assessed under Part 2 Division 5 of the Return to Work Act 2014 ).

        (3)         Subregulation (4) applies (subject to subregulation (5)) in relation to a worker in respect of an existing injury that has given rise to an entitlement to compensation for non-economic loss under section 43 of the repealed Act if—

            (a)         the existing injury has affected more than 1 part of the body; and

            (b)         there has been, before 1 July 2015, a determination under Part 4 Division 5 of the repealed Act, or an order of the Workers Compensation Tribunal, that has given rise to an entitlement to the payment of compensation under that Division but the determination or order (or a combination of both) has not covered all aspects of the non-economic loss suffered by the worker.

        (4)         A worker to whom this subregulation applies may receive compensation for the non-economic loss to the extent that it has not been covered by a determination or order referred to in subregulation (3) if—

            (a)         an application under this subregulation is made to the relevant compensating authority before 1 July 2016; and

            (b)         the injury to which the application relates has stabilised (whether before or after that date); and

            (c)         the relevant compensating authority is satisfied that the compensation for non-economic loss with respect to the injury to which the application relates is payable in accordance with the provisions of Part 4 Division 5 of the repealed Act (and the 2010 regulations in the manner contemplated by subregulation (2)).

        (5)         Subregulation (4) does not apply in relation to—

            (a)         an aggravation, acceleration, exacerbation, deterioration or recurrence of an existing injury that occurs on or after 1 July 2015; or

            (b)         any sequelae that occurs on or after 1 July 2015.

        (6)         For the purposes of section 97 of the Act, a decision on an application under subregulation (4) is declared to be reviewable.