Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 130

130 Injuries caused by misconduct

(1) Compensation is payable for an injury sustained by a worker that is caused by the worker’s serious and wilful misconduct only if—

(a) the injury results in death; or

(b) the insurer considers that the injury could result in a DPI of 50% or more.

Note—

See, however, section 232H in relation to compensation payable under chapter 4A .

(2) However, compensation is not payable if the injury could result in a DPI of 50% or more arising from—

(a) a psychiatric or psychological injury; or

(b) combining a psychiatric or psychological injury and another injury.

(3) If the insurer and the worker can not agree that the worker’s injury could result in a DPI of 50% or more—

(a) the degree of permanent impairment that could be sustained by the worker may be decided only by a medical assessment tribunal; and

(b) the insurer must refer the question of the degree of permanent impairment to a tribunal for decision.