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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 322A
One assessment only of degree of permanent impairment
322A One assessment only of degree of permanent impairment
(1) Only one assessment may be made of the degree of permanent impairment of
an injured worker.
(1A) A reference in subsection (1) to an assessment
includes an assessment of the degree of permanent impairment made by the
Commission in the course of the determination of a dispute about the degree of
the impairment that is not the subject of a referral under this Part.
(2) The
medical assessment certificate that is given in connection with that
assessment is the only medical assessment certificate that can be used in
connection with any further or subsequent medical dispute about the degree of
permanent impairment of the worker as a result of the injury concerned
(whether the subsequent or further dispute is in connection with a claim for
permanent impairment compensation, the commutation of a liability for
compensation or a claim for work injury damages).
(3) Accordingly, a
medical dispute about the degree of permanent impairment of a worker as a
result of an injury cannot be referred for, or be the subject of, assessment
if a medical dispute about that matter has already been the subject of-- (a)
assessment and a medical assessment certificate under this Part, or
(b) a
determination by the Commission under Part 4.
(4) This section does not
affect the operation of section 327 (Appeal against medical assessment) or 352
(Appeal against decision of Commission constituted by
non-presidential member).
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