Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 128J

128J Further lump sum compensation

(1) The worker is entitled to further lump sum compensation under this subdivision for the injury.

(2) The amount of the further lump sum compensation is the difference between—

(a) the amount that would be payable according to the graduated scale mentioned in section 128G (2) , calculated on the basis of—

(i) the worker’s increased pneumoconiosis score; and

(ii) the worker’s lodgement age; and

(b) the amount that would be payable according to the graduated scale mentioned in section 128G (2) , calculated on the basis of—

(i) the worker’s relevant previous pneumoconiosis score; and

(ii) the worker’s lodgement age.

(3) For subsection (2) (b) (i) , the worker’s
"relevant previous pneumoconiosis score" is—

(a) if the worker has received lump sum compensation under subdivision 1 , but not further lump sum compensation under this subdivision—the pneumoconiosis score that was used to calculate the compensation under subdivision 1 ; or

(b) if the worker has received further lump sum compensation under this subdivision—the pneumoconiosis score that was used, or that has most recently been used, to calculate the further compensation under this subdivision; or

(c) if the worker is a worker mentioned in section 128I (2) and has not received further lump sum compensation under this subdivision—the pneumoconiosis score worked out using the last chest image of the worker taken before the settlement for damages was agreed or the judgment for damages was given.

(4) Subject to section 140 , the worker’s entitlement to further lump sum compensation under this subdivision is in addition to any entitlement to lump sum compensation under part 10 .

(5) This section applies despite sections 119 , 176 and 239 .