Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 89

89 .         Repair or replacement of artificial aids

        (1)         In this section —

        artificial aid means a hearing aid, artificial limb, artificial teeth, artificial eyes, spectacles or contact lenses;

        work accident means an accident that arises out of or in the course of a worker’s employment or while a worker is acting under the employer’s instructions.

        (2)         An expense is a miscellaneous expense if it is for —

            (a)         the repair or replacement of any artificial aid damaged or destroyed in a work accident even if the worker did not suffer any injury as a result of the work accident; or

            (b)         services by way of consultations, examinations or prescriptions that are rendered by medical practitioners, dentists or other qualified persons and reasonably required in connection with the repair or replacement referred to in paragraph (a).

        (3)         Compensation for a miscellaneous expense under this section is payable as if the expense were incurred as a result of personal injury by accident suffered by the worker as a result of the work accident.

        Note for this section:

                An expense under this section is incurred as a result of the work accident and not as a result of an injury (if any) that results from the accident. Subsection (3) requires the expense to be treated as incurred as a result of an injury suffered in the work accident because section 82 requires that for compensation to be payable for a miscellaneous expense it must be incurred as a result of a work injury.



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