VICIn ForceAct
Workplace Injury Rehabilitation and Compensation Act 2013
167AAuthority or self-insurer to determine degree of impairment
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167A Authority or self-insurer to determine degree of impairment
(1) For the purposes of section 163(1)(b), 164A(2)(b), 165(4)(c) or 175(1)(b) or (2A)(b) of this Act or section 93C(1)(c), 93CAB(2)(b), 93CD(4)(c) or 97(2)(b) or (2AAB)(b) of the **Accident Compensation Act 1985**, the Authority or self-insurer may determine the degree of impairment of a worker arising from one or more compensable injuries, having regard to—
(a) an assessment in accordance with Division 4 of Part 2 of the degree of impairment of the worker arising from the injury or injuries; and
(b) any medical reports, correspondence and other documents provided to the Authority or self-insurer for the purposes of determining the worker's entitlement to compensation; and
(c) the A.M.A. Guides and any guidelines referred to in section 54.
(2) The degree of impairment of a worker is the greater of the worker's—
(a) degree of impairment resulting from one or more compensable injuries that are physical injuries; or
(b) degree of impairment resulting from one or more compensable injuries that are psychiatric or psychological injuries.
(3) An impairment determination must not relate to more than one compensable injury unless those injuries arise out of the same event or circumstance.
(4) The Authority or self-insurer must not make an impairment determination in respect of a worker's injury until the worker attains the age of 18 years.
(5) To avoid doubt, in making an impairment determination, the Authority or self-insurer is not bound by an assessment in accordance with Division 4 of Part 2 of the degree of impairment of the worker.
S. 167B inserted by No. 8/2024 s. 16.