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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 221 No Disadvantage—Compensation Table

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 221

No Disadvantage—Compensation Table

    (1)     If—

        (a)     a worker suffers an injury which entitled the worker to compensation; and

        (b)     the injury is a total loss mentioned in the Table in Schedule 4; and

        (c)     the amount of compensation calculated under the preceding provisions of this Division is less than the amount payable for total loss specified in the Table in respect of that injury—

the worker is entitled to compensation equal to the amount specified in the Table instead of compensation calculated under the preceding provisions of this Division.

    (2)     For the purposes of this section, total loss of hearing—

        (a)     must be determined—

              (i)     by a person or class of persons approved; and

              (ii)     in the manner approved—

by the Minister; and

        (b)     must be determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory.

    (3)     An approval by the Minister for the purposes of subsection (2)(a)(i) continues in force for the period not exceeding 3 years as is specified by the Minister in the approval unless revoked by the Minister.

    (4)     If a worker suffers on the same occasion more than one of the injuries mentioned in the Table in Schedule 4, the worker is not entitled to receive as compensation under subsection (1) more than $273 640 in respect of the injuries suffered on that occasion.

    (5)     The amount of compensation for an injury that is a total loss mentioned in the Table in Schedule 4 is to be calculated as at the date of the relevant injury.

Division 6—Rehabilitation services prior to acceptance of claim