Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
former rate means the weekly rate at which a
worker’s final payment of income compensation under this Subdivision
(other than under this section) is calculated.
(2) A worker may apply
for an arbitrator to order that the worker is entitled to additional income
compensation for incapacity for work resulting from an injury.
(3) The application
may be made only if —
(a) the
total of all amounts of income compensation paid for the worker’s
incapacity exceeds 75% of the income compensation general limit amount
applying when the application is made; and
(b) the
employer’s liability for compensation in respect of the injury concerned
has not been commuted by a settlement agreement registered under
Division 12.
Note for this subsection:
Provisional payments
by the employer in respect of income compensation are taken into account for
the purposes of this subsection as income compensation paid by the
employer — see section 43.
(4) On application
under this section, an arbitrator may order that the worker is entitled to
additional income compensation if the arbitrator is satisfied
that —
(a) the
worker’s injury has resulted in the permanent total incapacity of the
worker for work; and
(b) the
additional income compensation should be allowed, having regard to the social
and financial circumstances and the reasonable financial needs of the worker.
(5) The arbitrator
must, having regard to the matters referred to in subsection (4)(b),
specify in the order the weekly rate at which additional income compensation
is to be calculated, being a rate not exceeding the former rate.
(6) The order may
specify —
(a) the
period for which the worker is entitled to the additional income compensation;
or
(b) the
maximum total amount of all additional income compensation that may be made
for the worker’s incapacity.
(7) The order may, in
an appropriate case, require additional income compensation to be paid for the
period from the end of the last period in respect of which the worker
previously received income compensation to the day on which the order is made,
and the order may specify when arrears for that period are to be paid.
(8) The order must not
result in the total amount of all additional income compensation that may be
paid for the worker’s incapacity being capable of exceeding the lesser
of —
(a) the
amount that is 75% of the income compensation general limit amount
applying on the day on which the order is made; and
(b) the
amount calculated by multiplying the former rate by the number of weeks in the
period of the expectation of life of the worker as at the commencement of the
first period for which additional income compensation is to be paid.