167DInterim determination of eligibility

167D Interim determination of eligibility (1) For the purposes of section 163(1), 165(4) or 175(1) or (2A) of this Act or section 93C(1)(c), 93CD(4) or 97(2) or (2AAB) of the **Accident Compensation Act 1985**, the Authority or self-insurer may make an interim determination that— (a) the worker is eligible to receive weekly payments after the expiry of the second entitlement period in respect of one or more compensable injuries; or (b) the worker is not eligible to receive weekly payments after the expiry of the second entitlement period in respect of one or more compensable injuries. (2) The Authority or self-insurer may make an interim determination if an impairment determination cannot be made because— (a) the worker's injury has not stabilised; or (b) the worker has been diagnosed with an eligible progressive disease which is unlikely to stabilise; or (c) the worker is under the age of 18 years; or (d) information required to make the impairment determination is not available for any reason. (3) For the purposes of subsection (1)(a), the Authority or self-insurer must be satisfied that— (a) the worker's impairment arising from the injury is likely to be permanent; and (b) if the worker's degree of impairment were able to be assessed, it would likely be assessed as a whole person impairment of more than 20 per cent; and (c) the worker has no current work capacity and is likely to continue indefinitely to have no work capacity. (4) For the purposes of subsection (1)(b), the Authority or self-insurer must be satisfied of any of the following— (a) the worker's impairment arising from the injury is not likely to be permanent; (b) if the worker's degree of impairment were able to be assessed, it would likely be a whole person impairment of 20 per cent or less; (c) the worker has a current work capacity. (5) In making an interim determination under this section, the Authority or a self-insurer may have regard to any medical evidence available to the Authority or self-insurer about the work capacity and degree of impairment of the worker. S. 167E inserted by No. 8/2024 s. 16.