WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 217

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 217

217 .         Order as to total liability of employer

        (1)         This section applies where —

            (a)         an arbitrator considers that an injury to a worker that is compensable under this Act has resulted in the permanent total incapacity for work of the worker; and

            (b)         an order for redemption of the liability for the incapacity has not already been made under section 67; and

            (c)         no memorandum of agreement for the payment of a lump sum in redemption of the liability for the incapacity has been recorded under section 76; and

            (d)         the total weekly payments by way of compensation payable under clause 7 for that injury have reached the prescribed amount.

        (2)         If this section applies, the arbitrator may, subject to this section, make any order as to the total liability of the employer for the incapacity that the arbitrator thinks proper in the circumstances.

        (3)         An arbitrator is not to make an order under subsection (2) unless the arbitrator considers an order ought to be made, having regard to the social and financial circumstances and the reasonable financial needs of the worker.

        (4)         The total liability of the employer ordered under this section is not to exceed the lesser of —

            (a)         an amount equal to 75% of the prescribed amount; or

            (b)         weekly payments at the rate to which the worker was entitled at the time when the total weekly payments for the injury of the worker reached the prescribed amount —

                  (i)         for the period of the expectation of life of the worker; or

                  (ii)         if section 56 or Schedule 5 clause 2 applies in respect of the incapacity, up to the date when weekly payments would cease by reason of age,

                        whichever is the shorter.

        (5)         An arbitrator is to deal with the payment of the final liability by ordering weekly payments at such rate as the arbitrator thinks proper in the circumstances, having regard to the matters referred to in subsection (3), but not at a rate that exceeds the rate to which the worker was entitled at the time when the total weekly payments for the injury of the worker reached the prescribed amount.

        (6)         In making an order as to final liability under this section an arbitrator may order payment of an amount for arrears of such weekly payments from the time when the total weekly payments for the worker’s injury reached the prescribed amount to the date of the order.

        [Section 217 inserted: No. 42 of 2004 s. 130.]