Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 193D

193D Entitlement of worker to lump sum compensation under s 180 and div 4

(1) This section applies if the worker is assessed under section 179 as having sustained a DPI or an increased DPI from the injury (the
"current DPI" ).

(2) The worker is entitled to lump sum compensation for the injury under the following provisions, calculated on the basis of the worker’s current DPI—

(a) section 180 ;

(b) division 4 .

(3) However, the amount of compensation payable under section 180 and division 4 must be reduced by the total of—

(a) the amount of any compensation previously paid under those provisions for the injury; and

(b) the amount of any compensation paid under a law of Queensland (other than this Act), another State or the Commonwealth for the injury; and

(c) if a settlement for damages has been agreed, or judgment for damages has been given, for the injury—an amount equal to the compensation to which the worker would have been entitled under section 180 and division 4 , calculated on the basis of the DPI stated in the first notice of assessment given to the worker in relation to the injury.

(4) This section applies—

(a) despite sections 119 , 176 , 190 and 239 ; and

(b) whether or not the worker has previously received compensation, or further compensation, under section 180 or division 4 because of this section.