Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 50

50 .         Order that worker is taken to be totally incapacitated

        (1)         A worker who has a partial incapacity for work and has been unable to obtain suitable employment may apply for an arbitrator to order that the worker is taken to be totally incapacitated for work.

        (2)         On application under this section, an arbitrator may order that the worker is taken to be totally incapacitated for work while the order is effective.

        (3)         The order may specify —

            (a)         the period for which it is effective; and

            (b)         conditions that must be satisfied for the order to be effective.

        (4)         The order must not be made unless the arbitrator is satisfied that —

            (a)         the worker has taken all reasonable steps to obtain, and has failed to obtain, suitable employment; and

            (b)         the failure to obtain suitable employment is wholly or mainly a result of the injury.



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