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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.]