Western Australian Consolidated Regulations

WORKERS' COMPENSATION AND INJURY MANAGEMENT REGULATIONS 1982 - REG 19JB

19JB .         Method of referral and notification when section 93EB(3) of the Act applies

        (1)         A referral under section 93D(5) of the Act in combination with section 93EB(3) of the Act (due to the application of section 93EB(3) of the Act) is to be made in the form of Appendix I Form 22B.

        (2)         When completing Form 22B, the worker is to nominate one, and only one, relevant level of the degree of disability in respect of which the referral is made, and provide details of the medical evidence relied upon to support the referral.

        (3)         If section 93EB(3) of the Act applies because of a referral that was made before 14 December 1999 and, in that earlier referral —

            (a)         the worker nominated both relevant levels of the degree of disability on the same form; and

            (b)         the worker is still seeking to nominate both relevant levels of the degree of disability in the present referral,

                the worker is to complete a separate Form 22B for each of the previously nominated relevant levels of the degree of disability.

        (4)         A notification under section 93EB(5)(a) and (b)(i) of the Act is to be given in the form of Appendix I Form 23B.

        (5)         The Director is to include a copy of any medical evidence that was produced and that complies with section 93D(6) of the Act, when giving notification under subregulation (4).

        (6)         A notification under section 93D(8) of the Act that relates to a referral under section 93D(5) of the Act, due to the application of section 93EB(3) of the Act, is to be made in the form of Appendix I Form 23B.

        (7)         A notification under section 93EB(5)(b)(ii) of the Act is to be given in writing.

        [Regulation 19JB inserted in Gazette 26 Oct 2004 p. 4900‑1; amended in Gazette 28 Oct 2005 p. 4911.]