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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 206 Variation of decision made under section 201(1)(a)

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 206

Variation of decision made under section 201(1)(a)

S. 206(1) amended by No. 15/2021 s. 9(2).

    (1)     If the decision made under section 201(1)(a) to reject liability for an injury is varied as the result of a decision of a court, a determination by ACCS under Subdivision 4 of Division 2 of Part 6 or an agreement between the worker and the Authority or self-insurer, the Authority or self-insurer must within 90 days of the variation—

        (a)     obtain an assessment or assessments in accordance with Division 4 of Part 2 as to the degree of permanent impairment (if any) of the worker resulting from the injury or injuries in respect of which liability is accepted or determined; and

        (b)     after taking into account the assessment or assessments obtained under paragraph (a), determine the degree of permanent impairment (if any) of the worker for each of the purposes of—

              (i)     Division 5; and

              (ii)     Division 2 of Part 7;

        (c)     determine whether the worker has an injury which is a total loss mentioned in the Table in Schedule 4; and

        (d)     calculate any entitlement to compensation under Division 5; and

        (e)     advise the worker as to—

              (i)     the decision or determination of liability for each injury included in the claim; and

              (ii)     each of the determinations as to the degree of permanent impairment (if any) of the worker and whether the worker has an injury which is a total loss mentioned in the Table in Schedule 4 resulting from the injury or injuries in respect of which liability is accepted; and

              (iii)     the calculation of any entitlement to compensation under Division 5; and

        (f)     provide to the worker a copy of—

              (i)     any medical reports, correspondence and other documents provided to; and

              (ii)     any medical reports, correspondence and other documents obtained from—

any medical practitioner referred to in section 54(1)(b) conducting an independent examination.

    (2)     The Authority or self-insurer is not bound by the assessment or assessments obtained under subsection (1)(a) in determining the degree of permanent impairment (if any) under subsection (1)(b).

    (3)     The worker must within 60 days of being advised under subsection (1) advise the Authority or self‑insurer in writing—

        (a)     whether the worker accepts or disputes the determinations of impairment and total loss; and

        (b)     if the worker accepts the determinations of impairment and total loss, whether the worker accepts or disputes the entitlement to compensation, if any.

    (4)     Subject to section 347(1), the Authority or self‑insurer must, within 14 days of being advised by the worker, either under subsection (3) or under section 205(3), or at a later date, that the worker accepts the determinations of impairment and total loss and the entitlement to compensation—

        (a)     if the entitlement is under Division 5, except section 221, make payments in accordance with section 220; or

        (b)     if the entitlement is under section 221, pay the amount specified for the total loss under section 221.