South Australian Consolidated Acts

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 43B

43B—No disadvantage—compensation table

        (1)         If—

            (a)         a worker suffers a compensable disability that gives rise to an entitlement to compensation under sections 43 and 43A; and

            (b)         the compensable disability is a loss mentioned in the table in Schedule 3A; and

            (c)         the amount of compensation payable under sections 43 and 43A in respect of that disability is less than the amount applying under the table in Schedule 3A in respect of that disability,

then the worker is entitled to compensation equal to the amount applying under the table (and, if relevant, subsection (2)) instead of the compensation payable under sections 43 and 43A.

        (2)         If a worker suffers 2 or more disabilities mentioned in the table in Schedule 3A arising from the same trauma, the worker is not entitled in any case to receive compensation under this section in excess of $254 100 (indexed) (despite the operation of subsection (1) and the table).

        (3)         Compensation is not payable under this section after the death of the worker concerned.