WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 158F
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 158F
158F . Programs, directions as to payments for etc.
(1) As soon as
practicable after an agreement under section 158E has been signed by the
worker and WorkCover WA, WorkCover WA is to notify the following persons of
the agreement —
(a) the
worker’s employer; and
(b) if
the employer is insured against liability to pay compensation under this Act,
the employer’s insurer.
(2) The total of the
amounts payable in respect of a worker’s participation in a specialised
retraining program is the amount equal to 75% of the prescribed amount
calculated as at the date on which the worker signed the agreement.
(3) WorkCover WA may,
as it sees fit, but subject to this section and any regulations under
subsection (10), give a written direction to the worker’s employer or
the employer’s insurer to make a payment in respect of a worker’s
participation in a specialised retraining program.
(4) A direction may be
for periodic payments or for a particular payment.
(5) A payment may be
for, but is not limited to —
(a)
reasonable fees for a course;
(b) the
cost of books and relevant resource materials reasonably necessary to
undertake a course;
(c)
subject to subsections (8) and (9), a weekly retraining allowance.
(6) Subject to
subsection (7), a payment may be for reasonable expenses incurred in respect
of vocational rehabilitation under clause 17(1a) that is requested by the
worker if the assistance of an approved vocational rehabilitation provider is
necessary to coordinate the specialised retraining program.
(7) If the amount
payable under clause 17(1a) is exhausted in respect of a worker, then for the
purpose mentioned in subsection (6), WorkCover WA may direct that an
additional amount, not exceeding 3% of the amount referred to in subsection
(2), be paid in respect of the worker, as long as the additional amount does
not exceed the total amount applicable to the worker under subsection (2).
(8) The worker cannot
receive any weekly retraining allowance payments until the total weekly
payments under clause 7 have reached the prescribed amount.
(9) Any weekly
retraining allowance amount —
(a) is
not to be linked to or represent the worker’s capacity or otherwise to
work; and
(b) is
not to exceed the worker’s pre-injury weekly earnings.
(10) Subject to
subsections (6), (7), (8) and (9), the following matters may be prescribed by
the regulations —
(a) the
submission of requests for payment and requirement for copies of invoices to
be provided to WorkCover WA;
(b) the
manner in which funds may be apportioned;
(c) when
funds should be directed to be paid;
(d) when
funds should be paid;
(e) the
rate of any weekly training allowance.
[Section 158F inserted: No. 42 of 2004 s. 119.]