WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 146C
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 146C
146C . Evaluating degree of impairment for Part IV Div. 2 Subdiv. 3
(1) This section
applies to an evaluation of a worker’s degree of permanent whole of
person impairment for the purposes of Part IV Division 2 Subdivision 3.
(2) Section 146A(2)
does not prevent a finding that the worker’s condition has not
stabilised to the extent required for a normal evaluation of the
worker’s degree of permanent whole of person impairment to be made in
accordance with the WorkCover Guides.
(3) In subsection (2)
—
normal evaluation means an evaluation that is not
a special evaluation as defined in subsection (4).
(4) If this Act
provides for a special evaluation of the worker’s degree of permanent
whole of person impairment to be made in accordance with this section, the
evaluation (a special evaluation ) is to be made, even though the
worker’s condition has not stabilised to the extent otherwise required
for an evaluation to be made in accordance with the WorkCover Guides, in
accordance with any provisions of the WorkCover Guides that apply to a special
evaluation.
(5) If the evaluation
of a worker’s degree of permanent whole of person impairment for the
purposes of Part IV Division 2 Subdivision 3 is assessed on the basis that the
worker’s condition has not stabilised to the extent otherwise required
for an evaluation to be made in accordance with the WorkCover Guides, the
evaluation has to be a special evaluation made in accordance with this
section.
(6) In evaluating the
degree of permanent whole of person impairment of the worker, any secondary
condition is to be disregarded.
(7) Subsection (6)
does not prevent a secondary condition from contributing in the assessment of
damages by a court.
[Section 146C inserted: No. 42 of 2004 s. 109.]