Western Australian Numbered Acts Western Australian Numbered Acts (1) If a
worker’s election to retain the right to seek damages has been
registered by the Director as referred to in section 421(1)(b)(i) and the
worker’s degree of permanent whole of person impairment as assessed by
an approved permanent impairment assessor is less than 25% —
(a) the
amount of any income compensation payments to which the worker is entitled
under this Act in respect of the injury for any time during the first
6 months after the day on which the election is registered (the
registration day ) is the reduced amount provided for by subsection (2);
and
(b) the
worker is not entitled to any income compensation payment in respect of the
injury to the extent that the payment would be for any time that is more than
6 months after the registration day; and
(c) the
worker is not entitled to any permanent impairment compensation in respect of
the injury; and
(d) the
worker is not entitled to any medical and health expenses compensation,
miscellaneous expenses compensation or workplace rehabilitation expenses
compensation in respect of the injury for expenses incurred after the
registration day.
(2) The reduced amount
is —
(a) to
the extent that it is for any time during the first 3 months after the
registration day — 70% of the amount to which the worker would have
been entitled if this section had not applied; and
(b) to
the extent that it is for any other time during the first 6 months after
the registration day — 50% of the amount to which the worker would
have been entitled if this section had not applied.