Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 77

77 .         Standard increase in compensation limit

        (1)         A worker may apply to an arbitrator at any time for an increase in the medical and health expenses general limit amount for the worker’s injury (the general limit for the claim ).

        (2)         On application under this section, an arbitrator may order an increase in the general limit for the claim if the arbitrator —

            (a)         is satisfied that the worker has incurred, or is likely to incur, reasonable medical and health expenses in an amount that is in excess of the general limit; and

            (b)         considers that the increase should be allowed, having regard to the social and financial circumstances and the reasonable financial needs of the worker.

        (3)         The amount by which the general limit for the claim may be increased by an order under subsection (2) —

            (a)         must be decided after taking into account the amount of any payment for medical and health expenses that the employer or insurer voluntarily made to the worker beyond the amounts to which the worker was entitled under this Act; and

            (b)         is limited by the requirement that the increase (or the total of all standard increases), together with any amounts required by paragraph (a) to be taken into account, must not exceed the standard increase limit amount.