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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.]