Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 58

58 .         Monetary value of board and lodging

        (1)         This section deals with ascertaining the monetary value, if any, of —

            (a)         board and lodging provided to a worker by the employer (in addition to the worker’s other earnings, if any) as payment for work at any time during the period over which section 54(2) requires the worker’s average weekly rate of earnings to be calculated; and

            (b)         board and lodging provided to a worker by the employer during any period for which the worker is entitled to receive income compensation from the employer.

        (2)         When calculating a worker’s average weekly rate of earnings over a period for the purpose of ascertaining the worker’s pre-injury weekly rate of income, the monetary value, if any, of the provision of board and lodging for a period that section 54(4) requires to be included in the calculation must be assessed as described in subsection (4).

        (3)         For any period during which an employer provides board and lodging to a worker during a period for which the worker is entitled to income compensation from the employer —

            (a)         the monetary value, if any, of the provision of board and lodging must be assessed as described in subsection (4); and

            (b)         to the extent, if any, of its monetary value assessed in accordance with paragraph (a), the provision of board and lodging is taken to be payment towards income compensation to which the worker is entitled.

        (4)         An assessment under subsection (2) or (3) of the monetary value, if any, of the provision of board and lodging for a period must be made in accordance with the regulations but so as not, in any case, to attribute a monetary value exceeding an amount calculated by taking the number of full days for which board and lodging provided by the employer to the worker during that period had a monetary value and multiplying it by the maximum board and lodging daily amount prescribed by the regulations as applying when the worker’s injury occurred.

        Note for this section:

                Section 57(7)(a) states that no minimum weekly rate at which income compensation must be paid applies if the monetary value of the provision of board and lodging is the only component of the worker’s pre-injury weekly rate of income.