WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 93EB

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 93EB

93EB .         Questions as to degree of disability, referral of to Director in some other cases

        (1)         Unless it does not apply because of subsection (2), subsection (3) applies if —

            (a)         before the coming into operation of section 10 of the Workers’ Compensation (Common Law Proceedings) Act 2004 , a worker sought to refer a question to the Director under section 93D(5); and

            (b)         on or after 4 December 2003, on the basis that Part IV Division 2 as in force before it was amended by section 32 of the Workers’ Compensation and Rehabilitation Amendment Act 1999 applied to proceedings for the awarding of the damages concerned —

                  (i)         a review officer did not deal with the substance of the question; or

                  (ii)         a court set aside or quashed a decision of a review officer that dealt with the substance of the question;

                and

            (c)         after the coming into operation of section 10 of the Workers’ Compensation (Common Law Proceedings) Act 2004 , section 93D(5) applies and the worker wishes to refer the question to the Director under that section.

        (2)         If the question is whether the worker’s degree of disability is not less than 16%, subsection (3) does not apply unless the purported referral of the question occurred —

            (a)         not less than 21 days before the termination day; or

            (b)         before a day fixed under section 93E(7) by the Director.

        (3)         If this subsection applies, the worker may, within the time limited by subsection (4)(b) and otherwise in accordance with subsection (4), refer to the Director under section 93D(5) the same question as is mentioned in subsection (1)(a), relating to the same injury and only that injury.

        (4)         A question can only be referred under subsection (3) if —

            (a)         the referral is made in writing in a form specified in the regulations stating that the worker is also acting under subsection (3); and

            (b)         the referral is made —

                  (i)         within the period of 3 months commencing after the day on which section 10 of the Workers’ Compensation (Common Law Proceedings) Act 2004 comes into operation (called the commencement day in subparagraph (ii)); or

                  (ii)         if subsection (1)(b)(ii) applies and the decision is set aside or quashed after the commencement day, within the period of 3 months commencing after the day on which the decision is set aside or quashed;

                and

            (c)         when referring the question to the Director, the worker produces to the Director evidence relating to the injury that complies with section 93D(6), or satisfies the Director that complying evidence has already been produced to the Director.

        (5)         If a worker seeks to make a referral under section 93D(5) stating that it is also made under subsection (3) of this section, the Director is required, as soon as practicable, to notify the worker and the employer, in accordance with the regulations —

            (a)         whether or not the Director is of the opinion that evidence complying with section 93D(6) has been produced and in all other respects the referral is properly made; and

            (b)         if the Director —

                  (i)         is of that opinion, that the referral is accepted and section 93E(6a), if relevant, and section 93EC apply;

                  (ii)         is not of that opinion, that the referral sought to be made by the worker is not accepted.

        [Section 93EB inserted: No. 35 of 2004 s. 10; amended: No. 42 of 2004 s. 147.]