sec.193Additional lump sum compensation for gratuitous care

### sec.193 Additional lump sum compensation for gratuitous care This section applies if a worker sustains an injury that results in— a DPI of 15% or more; and a moderate to total level of dependency on day to day care for the fundamental activities of daily living. The worker is entitled to additional lump sum compensation only if— day to day care for the fundamental activities of daily living is to be provided at the worker’s home on a voluntary basis by another person; and the worker resides at home on a permanent basis; and the level of care required was not provided to the worker before the worker sustained the impairment; and the worker physically demonstrates the level of dependency mentioned in subsection (1) (b) . However, a worker is not entitled to additional lump sum compensation if the DPI arises from— a psychiatric or psychological injury; or combining a psychiatric or psychological injury and another injury. The insurer must ask that a registered occupational therapist assess the worker’s level of dependency resulting from the impairment in the way prescribed under a regulation. The occupational therapist must give the insurer an assessment report stating— the matters the therapist took into account, and the weight the therapist gave to the matters, in deciding the worker’s level of dependency; and any other information prescribed under a regulation. The insurer must decide the amount of the worker’s entitlement to additional compensation of no more than 244.86 times QOTE, payable according to a graduated scale prescribed under a regulation, having regard to— the worker’s DPI; and the worker’s level of dependency; and any other information prescribed under a regulation. If the worker does not agree with the level of dependency assessed under subsection (4) , the insurer must refer the matter of the worker’s level of dependency to the General Medical Assessment Tribunal for decision. In this section— home , of a worker, means a private dwelling where the worker usually resides. s 193 amd 2004 No. 45 s 29 ; 2005 No. 50 s 24 ; 2013 No. 52 s 56 sch 1 (retro); 2019 No. 33 s 55 (sec.193-ssec.1) This section applies if a worker sustains an injury that results in— a DPI of 15% or more; and a moderate to total level of dependency on day to day care for the fundamental activities of daily living. (sec.193-ssec.2) The worker is entitled to additional lump sum compensation only if— day to day care for the fundamental activities of daily living is to be provided at the worker’s home on a voluntary basis by another person; and the worker resides at home on a permanent basis; and the level of care required was not provided to the worker before the worker sustained the impairment; and the worker physically demonstrates the level of dependency mentioned in subsection (1) (b) . (sec.193-ssec.3) However, a worker is not entitled to additional lump sum compensation if the DPI arises from— a psychiatric or psychological injury; or combining a psychiatric or psychological injury and another injury. (sec.193-ssec.4) The insurer must ask that a registered occupational therapist assess the worker’s level of dependency resulting from the impairment in the way prescribed under a regulation. (sec.193-ssec.5) The occupational therapist must give the insurer an assessment report stating— the matters the therapist took into account, and the weight the therapist gave to the matters, in deciding the worker’s level of dependency; and any other information prescribed under a regulation. (sec.193-ssec.6) The insurer must decide the amount of the worker’s entitlement to additional compensation of no more than 244.86 times QOTE, payable according to a graduated scale prescribed under a regulation, having regard to— the worker’s DPI; and the worker’s level of dependency; and any other information prescribed under a regulation. (sec.193-ssec.7) If the worker does not agree with the level of dependency assessed under subsection (4) , the insurer must refer the matter of the worker’s level of dependency to the General Medical Assessment Tribunal for decision. (sec.193-ssec.8) In this section— home , of a worker, means a private dwelling where the worker usually resides. - (a) a DPI of 15% or more; and - (b) a moderate to total level of dependency on day to day care for the fundamental activities of daily living. - (a) day to day care for the fundamental activities of daily living is to be provided at the worker’s home on a voluntary basis by another person; and - (b) the worker resides at home on a permanent basis; and - (c) the level of care required was not provided to the worker before the worker sustained the impairment; and - (d) the worker physically demonstrates the level of dependency mentioned in subsection (1) (b) . - (a) a psychiatric or psychological injury; or - (b) combining a psychiatric or psychological injury and another injury. - (a) the matters the therapist took into account, and the weight the therapist gave to the matters, in deciding the worker’s level of dependency; and - (b) any other information prescribed under a regulation. - (a) the worker’s DPI; and - (b) the worker’s level of dependency; and - (c) any other information prescribed under a regulation.