70Employer liability for medical treatment etc

70 Employer liability for medical treatment etc (1) The employer is liable to pay— (a) in relation to the cost of medical treatment reasonably received in relation to the injury—an amount of compensation appropriate for the provision of the medical treatment, having regard to the charges customarily made for similar medical treatment where the treatment is received; and (b) in relation to the cost of alteration to the worker’s place of residence—the cost of the alteration if— (i) the worker has an impairment as a result of the injury; and (ii) the worker has received, or is receiving, medical treatment in relation to the injury; and (iii) the alteration is reasonably required by the worker in relation to the worker’s impairment; and Note See also s 73A and s 73B. (c) in relation to the cost of rehabilitation services received by the worker in relation to the injury under the worker’s personal injury plan—the cost of the services in accordance with the plan; and (d) in relation to any damage to, or loss of, the worker’s clothing sustained in association with the injury—compensation of a reasonable amount for the repair or replacement of the damaged or lost clothing. Note 1 Rehabilitation services include training and retraining services—see the dictionary, def rehabilitation services. Note 2 Ch 5 deals with personal injury plans. (2) However, the total amount payable under subsection (1) for each of the following must not be more than the maximum amount: (a) for the cost of medical treatment consisting of the repair or replacement of a worker’s contact lenses, crutches, prosthesis, spectacles or other artificial aid; (b) for damage to or loss of a worker’s clothing. (3) Despite subsection (1) (a), (b) and (c), the employer is not liable to pay the costs of any treatment and care needs, or excluded treatment and care, of the worker— (a) if the worker is a participant in the LTCS scheme— (i) that relate to the injury for which the worker is a participant in the scheme; and (ii) that arise while the worker is a participant in the scheme; or (b) if the worker receives a lump sum under a lump sum agreement with the LTCS commissioner in relation to the injury for which the worker was a participant in the scheme— (i) that relate to the injury; and (ii) either— (A) arose while the worker was a participant in the LTCS scheme; or (B) arise after the worker receives the lump sum under the lump sum agreement. Note Excluded treatment and care—see the LTCS Act, s 9. LTCS Act—see the dictionary. LTCS commissioner—see the dictionary. Treatment and care needs, of a participant in the LTCS scheme—see the LTCS Act, s 9. (4) Subsection (3) applies— (a) whether or not the treatment and care are assessed treatment and care needs under the LTCS Act; and (b) whether or not the LTCS commissioner is required to make a payment in relation to the treatment and care needs; and (c) whether or not the treatment, care, support or services provided in connection with the treatment and care needs is provided without charge. (5) To remove any doubt, the employer is liable to pay the costs of any treatment and care needs, or excluded treatment and care, of a worker under subsection (1)— (a) until the worker is accepted as a participant in the LTCS scheme in relation to the injury; and (b) if the worker— (i) ceases to be a participant in the LTCS scheme; and (ii) does not receive a lump sum under a lump sum agreement with the LTCS commissioner. (6) In subsection (2): maximum amount, for medical treatment, damage or loss, means— (a) if an amount has been agreed between the worker and employer—that amount; or (b) in any other case—$500 cpi indexed. (7) For this section, the cost of medical treatment or rehabilitation services is taken to include— (a) the amount of wages lost by the worker because of the worker’s attendance at a place (the relevant place) to receive the treatment or services; and (b) the cost of taking the worker (whether the worker or someone else does the taking) to and from the relevant place worked out under either— (i) section 74 (Transport costs other than private car); or (ii) section 75 (Working out transport costs for private cars); and (c) the cost of any accommodation (including the cost of meals required by the worker because of the worker’s attendance at the relevant place worked out under section 76 (Costs of accommodation and meals). (8) In this section: lump sum agreement——see the LTCS Act, section 30B.