Workers' Compensation Act Amendment Act 1966 (WA)

No. 50.] Workers' Compensation. [1966.

WORKERS' COMPENSATION.

No. 50 of 1966.

AN ACT to amend the Workers' Compensation Act,

1912-1965.

[Assented to 5th December, 1966.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Workers'

Compensation Act Amendment Act, 1966.

Reprinted as	(2)	In this Act, the Workers' Compensation Act,
approved for
reprint

23rd March,	1912-1965, is referred to as the principal Act.
1965, and
amended by

Acts Nos.	(3)	The principal Act as amended by this Act
60 and 113

of 1965.

may be cited as the Workers' Compensation Act,

1912-1966.

1966.] Workers' Compensation. [No. 50.

8.4

2. Section seven of the principal Act is amended amended.

by substituting for the words, "seven thousand

dollars" in subsection (3), where appearing,

(a)	in the penultimate and last line of para- graph (a);
(b)	in the fifth and sixth lines of paragraph (f); and
(c)	in the penultimate and last line of para- graph (g),

the words, "ten thousand dollars", in every case.

S. 8

3. Section eight of the principal Act is amended, amended.

as to subsection (14),-

(a)	by substituting for the words, "seven thousand dollars", in line twelve, the words, "ten thousand dollars"; and
(b)	by deleting paragraphs (a) to (f), inclusive and substituting the passage, "that was the maximum amount of his employer's liability to him under the provisions of this Act, as they existed at the time of the payment," .

4. Section eleven of the principal Act is repealed. '1 stPlelated.

5. The First Schedule to the principal Act is nst saneduie

amended,— amended.

(a) as to subparagraph (i) of paragraph (a) of clause 1,—

(i)    by substituting for the words, "seven thousand dollars", in lines two and three, the words, "ten thousand dollars"; and

(ii)    by substituting for the words, "two hundred dollars", in line four and, again, in the last line, the words, "two hundred and twenty dollars", in each case;

No. 50.] Workers' Compensation. [1966.

(b)	as to paragraph (b) of clause 1, by inserting after the word, "of", in line two, and, again, after the word, "receiving", in line four of the proviso, the passage, ", or was entitled to receive,", in each case;
(c)	as to paragraph (c) of clause 1,-

(i)  by substituting for the words, "seventeen dollars sixty cents", in subparagraph (i), the words, "twenty-four dollars";

(ii)  by substituting for the words, "twelve dollars", in subparagraph (ii), the words, "eighteen dollars";

(iii)   by substituting for subparagraphs (A) and (B), in the subdivision commencing with the words, "Weekly payments", the passage, "thirty-six dollars;" ;

(iv)    by substituting for the words, "seven thousand dollars", in the subdivision immediately preceding the proviso, the words, "ten thousand dollars";

(v)    by substituting for paragraph (c) of the proviso the following paragraph

in addition to the compensa-

(c) tion payable under this clause, a sum is payable equal to the reasonable expenses incurred in respect of-

(i) first aid and ambulance or other service to carry the worker to hospital or other place for treatment; medicines and medical requisites;

1966. ] Workers' Compensation. [No. 50.

medical or surgical attendance, including, where necessary, treat- ment by specialists; charges for hospital treatment and main- tenance, in accordance with the provisions of paragraph (d) of this proviso; the provision of hearing aids, arti- ficial teeth, artificial eyes and, where the injury renders their use necessary, spectacles, but not exceeding, in the aggregate, one thousand five hundred dollars, unless the Board finds that, in the parti- cular circumstances of the case, that amount is inadequate;

(ii)  funeral expenses, in- cluding all cemetery board charges, in the event of the death of the worker, but not exceeding the sum of one hundred and fifty dollars;

(iii)  the repair or replace- ment of an artificial limb, artificial teeth, artificial eyes or spec- tacles damaged or destroyed by accident arising out of or in the course of the worker's employment and, except in the case of artificial teeth, whether or not

No. 50.] Workers' Compensation. [1966.

the worker suffers per- sonal injury within the meaning of section seven of this Act;

(iv)   the purchase or supply of a wheeled chair or similar appliance, where the worker has suffered the loss of both legs or is paralysed in both legs by reason of an accident or accidents arising out of or in the course of the worker's employment, but not exceeding an amount of one hundred and fifty dollars; and

(v)    the cost of any surgical appliance or of an arti- ficial limb that complies with the standards laid down by the Common- wealth Repatriation Artificial Limb and Appliance Centre, if such an appliance or artificial limb is cap- able of relieving any disablement incurred by the worker by reason of an accident arising out of or in the course of his employment. ;

and

(d) as to clause 3,-

(i)   by inserting, immediately after the clause number, "3", the paragraph designation, "(a)";

(ii)    by deleting the words, "sixty-six and two-thirds per centum of", in line five; and

1966.] Workers' Compensation. [No. 50.

(iii) by adding the following paragraph

(b) Where a worker who has so far recovered from his injury as to be fit for employment of a certain kind satisfies the Board that he has taken all reasonable steps to obtain, and has failed to obtain, that employment and that the failure is a consequence, wholly or mainly, of the injury, the Board may, without limiting its powers of review, order that the worker's incapacity be treated, or continue to be treated, as total incapacity, for such period, and subject to such conditions, as the order may provide. .

6. The Second Schedule to the principal Act is	Second
Schedule

deleted and the following schedule is substituted,— subed. dtitut

SECOND SCHEDULE. Section 7 (3).

TABLE.

Amount of

Item. Nature of Injury. Compensation Payable.

1 Total loss of the sight of both eyes	10,000
2 Total loss of the sight of an only eye	10,000
3 Loss of both hands ...	10,000
4 Loss of both feet	10,000
5 Loss of a hand and a foot ....	10,000
6 Total and incurable loss of mental

powers involving inability to

work 10,000

7 Total and incurable paralysis of

the limbs or of mental powers 8 Total loss of the right arm or of the greater part of the right arm 10,000

and, in addition, when a medical practitioner certifies the injury to be total and incurable paralysis of the limbs, an attendant's remun- eration at a rate not exceeding six dollars per week.

8,000

9 Total loss of the left arm or of the

greater part of the left arm . 7,486

No. 50.] Workers' Compensation. [1966.

Amount of

Item. Nature of Injury. Compensation Payable.

$

10 Total loss of the right hand or of

five fingers of the right hand,

or of the lower part of the

right arm .. .. .... 7,000

11 Total loss of the same for the left

hand and arm .... .... 6,486

12 Total loss of a leg .... .... 7,486

13 Total loss of a foot or the lower part

ofthe leg ... .... .... 6,000

14 Total loss of the sight of one eye,

together with the serious

diminution of the sight of the

othereye .... .... ... 7,486

15 Total loss of hearing .... .. 6,000

16 Partial deafness of both ears Such percentage of

$6,000 as is equal to

the percentage of

diminution of hearing.

17 Complete deafness of one ear	2,000
18 Total loss of the sight of one eye ....	4,000

19 Loss of binocular vision .... .... 4,000

20 Total loss of the thumb of the right

hand... --.• .... .... 3,000

21 Total loss of the thumb of the left

hand.... .... .... .... 2,600

22 Total loss of the forefinger of the

righthand .... .... .... 2,000

23 Total loss of the forefinger of the

lefthand .... .... .. 1,586

24 Total loss of a joint of the thumb	1,586
25 Total loss of the first joint of the

forefinger of either hand .. 786

26 Total loss of the middle finger of

thehand .... .... .... .... 1,186

27 Total loss of the little or ring finger

of the hand .... ... .... 1,086

28 Total loss of a joint of a finger ....	586
29 Total loss of the great toe of either

foot.... .... .... .... 2,000

30 Total loss of a joint of the great toe

of either foot .... .... 1,000

31 Total loss of any other toe .... .... 586

32 Total loss of a joint of any other the	186
33 Partial loss of the sight of both eyes

or an only eye .... .... Such percentage of $10,000 as is equal to the percentage of the diminution of sight measured without the aid of a correcting lens.

34 Partial loss of the sight of one

eye .... .... Such percentage of $4,000 as is equal to the percentage of the diminution of sight measured without the aid of a correcting lens..