Workers' Compensation Acts Amendment Act of 1954 (3 Eliz Ii No. 16) (Qld)

166 LABOUR. Workers’ Compensation, Etc., Act. 3 E liz . II. No. 16, 3 An Act to Amend “ The Workers’ Compensation W orkers ' C ompensa - Acts, 1916 to 1952,” in certain particulars. x a ^ end ^ ent [A ssented to 28 th A pril , 1954.1 A ct op l 1 9R4. E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title 1. (1.) This Act may be cited as “The Workers’ construction. Compensation Acts Amendment Act of 1954,” and shall be' read as one with *“The Workers' Compensation Acts, V 1916 to 1952,” herein referred to as the Principal Act. Collective The Principal Act and this Act may be collectively title.' cited as “ The Workers’ Compensation Acts, 1916 to 1954.” Commence- f(2.) This Act shall come into force on a date to be ment °fAo*. fixed by the Governor in Council by Proclamation published in the Gazette. Amendments 2. Subsection one of section fourteen of the Principal ofs, u (i). is amen(ie(i as follows :— (i.) Paragraph (i.) of provision (A) of the said subsection one is amended— (а) By repealing, in the first subparagraph thereof, the words “ one thousand five hundred pounds ” and by inserting, in lieu of those repealed words, the words . “ two thousand five hundred pounds ” ; (б) By inserting, after the words “ In addition ” in the second subparagraph thereof, the words “, if the worker leaves a widow wholly dependent upon his earnings at the time of his death,” ; and (c) By repealing, in the second subparagraph thereof, the words “ fifty pounds ” and by inserting, in lieu of those repealed words, the words “ seventy-five pounds ” ; (ii.) Paragraph (c) of provision (B) of the said subsection one is amended— (а) By repealing the words “ two pounds and ten shillings ” and by inserting, in lieu of those repealed words, the words “ three pounds ” ; (б) By repealing the words “the Commonwealth old-age pension or invalidity allowance” and by inserting, in lieu of those repealed words, the words “ an age, invalid, * 6 G. 5 No. 35 and amending Acts. + Commenced 10 May 1954 (Proc. pubd. Gaz. 8 May 1954, p. 141).

1954. LABOUR. Workers’ Compensation, Etc., Act. or widows’ pension, under the *Social Services Consolidation Act 1947-1952 (or an Act passed in amendment of or substitution for that Act) of the Commonwealth” ; and (c) By repealing the words “ one pound and ten shillings ” and by inserting, in lieu of those repealed words, the words “ two pounds ” ; (iii.) Paragraph (el) of provision (B) of the said subsection one is amended by repealing the words “ one pound and ten shillings ” and by inserting, in lieu of those repealed words, the words “ two pounds and ten shillings”; (iv.) Paragraph (d) of provision (B) of the said subsection one is amended by repealing the words “ ten shillings ” and by inserting, in lieu of those repealed words, the words “ fifteen shillings ” ; (v.) Paragraph (dl) of provision (B) of the said subsection one is amended— (a) By repealing, in subparagraph (i.), the words “ one pound and ten shillings ” and by inserting, in lieu of those repealed words, the words “ two pounds and ten shillings ” ; and (b) By repealing, in subparagraph (ii.), the words “ ten shillings ” and by inserting, in lieu of thoserepealed words, the words “ fifteen shillings ” ; (vi.) Paragraph (e) of provision (B) of the said subsection one is amended by repealing the words “ one thousand seven hundred and fifty pounds ” and by inserting, in lieu of those repealed words, the words “ two thousand eight hundred pounds (vii.) Paragraph (d) of provision (C) of the said subsection one is amended— j (a) By repealing, in the first subparagraph, the words “ any period ” and by inserting, in lieu of those repealed words, the words “ the period ” ; (b) By repealing, in the second subparagraph, the words “ one thousand seven hundred and fifty pounds ” and by inserting, in lieu of those repealed words, the words “ two thousand eight hundred pounds ” ; (c) By inserting, after the second subparagraph, the following subparagraph, namely :— “ Provided further that compensation payable in accordance with the said table for any injury shall not become due for payment until the expiration of the period of total incapacity resulting from that injury in * No. 26 of 1947 and amending Acts of the Commonwealth.

168 LABOUR. Workers’ Compensation, Etc., Act. 3 E liz . II. No. 16, respect whereof compensation payable otherwise than in accordance with the said table is paid, except to a worker who accepts payment of compensation payable under the said table for an injury suffered by him, in which event that worker shall not, in respect of that injury, be entitled to compensation under provision (B) of this subsection in respect of any period of time after the date of that acceptance.”; (viii.) The Table set forth under provision (C) of the said subsection one is repealed and, in lieu of that repealed Table, the following Table is inserted, namely :— “ Table. Nature of Injury. Amount Payable. Loss of both ©yes .. .. .. .. .. .. Loss of an only eye ............................................... Loss of both hands .. .. .. .. .. Loss of both feet .. .. .. .. .. .. Loss of a hand and a foot .. .. .. .. -Total and incurable loss of mental powers involving inability to work .. .. .. .. .. Total and incurable paralysis of the limbs or of mental powers .. .. .. .. .. .. Loss of the sight of one eye, together with the serious diminution of the sight of the other eye .. .. Loss of the sight of one eye .. .. .. . Loss of hearing .. ......................... .. .. Loss of speech .. .. .. .. .. .. Complete deafness of one ear .. .. .. .. Loss of an arm .. .. .. .. .. .. Loss of a hand or of five fingers of a hand or of the lower part of an arm .. .. .. .. .. Loss of a thumb .. .. .. .. .. .. Loss of a joint of a thumb .. .. .. .. Loss of a forefinger .. .. .. .. .. Loss of the distal joint of a forefinger .. .. .. Loss of two joints of a forefinger .. .. .. Loss of the middle or the ring or the little finger .. Loss of the distal joint of the middle or the ring or the little finger .. .. .. .. .. .. Loss of two joints of the middle or ring or little finger.. Loss of a leg .. .. .. .. .. .. Loss of the lower part of a leg .. .. .. .. Loss of a foot ......................... ......................... Loss of a great toe .. .. .. .. .. Loss of a joint of a great toe .. .. .. .. Loss of any other toe .. .. .. .. .. £ 2,800 2,800 2,800 2,800 2,800 2,800 2,800 1,750 975 1,450 1,450 650 1,900 1,600 650 400 450 250 300 250 170 200 1,750 1,500 1,450 450 250 200”

LABOUR. 169 1954. Workers’ Compensation, Etc., Act: 3. The following section is inserted after section New s. ha fourteen of the Principal Act, namely :— inserted. u [14 a .] (1.) This section applies with respect to Facial any and every severe facial disfigurement resulting from^^™0’ an injury suffered under circumstances creating a claim for compensation under this Act, but does not apply to any facial disfigurement— . (а) Which is wholly an injury for which compensation is payable under provision (C) of subsection one of section fourteen of this Act; or (б) Which results from an injury suffered under circumstances not creating a claim for compensation under this Act. . ,j (2.) Subject to this Act, a worker who suffers a severe facial disfigurement to which this section applies shall receive out of the State Accident Insurance Fund compensation in accordance with this section. (3.) The compensation payable in accordance with this section shall vary in amount according to the degree of severity of the facial disfigurement in question. (4.) Compensation under this section shall be payable additionally to compensation payable under the provisions, other than this section of this Act.j but so that the aggregated amount of compensation [payable under this section and of compensation, if any, payable under provisions, other than this section o" this Act shall not, in respect of any one and the same injury resulting in a severe facial disfigurement to wnich this section applies, exceed two thousand eight hundred pounds. (5.) The Commissioner may refer to a medical board constituted as prescribed by subsection eight of this section any claim for compensation under this section. That medical board shall determine, by personal examination of the claimant— (а) Whether or not the facial disfigurement in question is severe ; and (б) If it determines that the facial disfigurement is severe, the amount of compensation payable under this section according to the degree of that severity, and shall give a certificate in duplicate, onie copy to eaoh party to the reference, setting out its determination.

170 LABOUR. Workers’ Compensation, Etc., Act. 3 E liz . II. No. 16, If the members of a medical board are divided in opinion as to either or both the aforesaid determinations, the determination or determinations shall be according to the opinion of two of them or, if no two are of the same opinion, the opinion of the chairman. (6.) Where aggregated amounts of compensation, if any, determined by a medical board to be payable under this section and of any other compensation payable, in respect of the injury which resulted in the facial disfigurement in question, under provisions, other than this section, of this Act exceed two thousand eight hundred pounds, the amount so determined shall be reduced by that excess. (7.) Regulation twenty-nine of the regulations under this Act shall, with and subject to all necessary adaptations thereof (including by substituting therein “ medical board ” for “ medical referee ”) apply with respect to claimants for compensation under this section. If at any time after the enactment of this subsection the said regulation twenty-nine is amended or a new regulation is substituted therefor (either generally or with respect to claimants for compensation under this section, then this subsection shall be read as referring to the said regulation twenty-nine as so amended or, as the cas» may be, to the new regulation in question. (8.) (a) For the purposes of this section, a medical board shall be constituted by— (i.) A duly qualified medical practitioner specialising in plastic surgery nominated by The Director-General of Health and Medical Services, who shall be the chairman of the board; (ii.) A duly qualified medical practitioner nominated by the Commissioner ; and (iii.) A duly qualified medical practitioner nominated by the claimant in question for compensation under this section. (6) A medical board shall meet at'such time and place as its members may mutually agree upon or failing such agreement as may be fixed by the Commissioner. (c) The Commissioner may appoint a secretary to a medical board in any case where he deems it desirable so to do.

T LABOUR. - 1 - 9 - 5 - 4 -- . ------------ W --- o - r - k -- e - r - s - ’ -- C -- o - m -- p - e -- n - s - a - t - i - . o - n -- , - E -- t - c - . - , -- A -- c - t - . -- i \ 1—;----------- ?1^1 (d) If the claimant in question fails to appear before a medical board at a sitting thereof whereof he has received not less than seven days’ prior notice in writing from the secretary of that medical board or the Commissioner or, so appearing, refuses to be medically examined by that board or any member thereof, or in any way obstructs such examination, his right to compensation under this section shall be suspended until he undergoes that examination. (e) The power to make regulations under this Act shall include power to make all such regulations as the Governor in Council deems necessary or convenient to provide for, regulate and control the proceedings of a medical board constituted under this section, for ensuring attendances before such a board, the remuneration of the members thereof, and, additionally to the aforesaid, to give full effect to the provisions and objects of this section. (9.) Determinations by a medical board of the matters specified in subparagraphs (a) and (6) of the second paragraph of subsection five of this section shall be final and conclusive and no claimant for compensation shall have any right to have either such matter heard and determined by an industrial magistrate or, by way of appeal or otherwise, any court or judicial tribunal whatsoever. This subsection applies so as not to limit the jurisdiction of an industrial magistrate so far as relates ;. to hearing and determining the matter of whether or not the circumstances whereunder an injury which is alleged to have resulted in very severe facial disfigurement was suffered created a claim for compensatibn under this Act or, in respect of the decision of the industrial magistrate upon that matter, the right of appeal had by • : > either party under subsection two of section thirteen of this Act. ‘ 4. Subsection two of section 14 b of the Principal Amendments Act is amended as follows :— , ° s' B ‘ (i.) Paragraph (ii.) of provision A of the said subsection two is amended by repealing the words “ one pound ten shillings ” and by inserting, in lieu of those repealed words, the words “ two pounds ” . (ii.) Paragraph- (iii.) of provision A of the said subsection two is amended— . . , (a) By repealing the words “ ten shillings ” ;and by inserting, in lieu of those repealed words- the words “ fifteen shillings ” ; * . , . ._

m LABOUR. Workers’ Compensation, Etc., Act. 3 E liz . II. No. 16, (b) By repealing the words “ three pounds ten shillings ” and by inserting, in lieu of those repealed words, the words “ four pounds ” ; and (c) By repealing the words “ one thousand five hundred pounds ” and by inserting, in lieu ofthose repealed words, the words “ two thousand five hundred pounds”; (iii.) Paragraph (i.) of provision B of the said subsection twois amended by repealing the words “ one pound ten shillings ” and by inserting, in lieu of those repealed words, the words “ two pounds ” ; (iv.) Paragraph (i .a) of provision B of the said subsection twois amended by repealing the words “ one pound ten shillings ” and by inserting, in lieu of those repealed words, the words “ two pounds” ; (v.) Paragraph (ii.) of provision B of the said subsection twois amended by repealing the words “ ten shillings ” and by inserting, in lieu ofthose repealed words, the words “ fifteen shillings ” ; (vi.) The proviso to provision B of the said . subsection twois amended by repealing the words “ four pounds ten shillings ” and by inserting, in lieu of those repealed words, the words “ five pounds ten shillings Amendment 5. Subsection one of section sixteen of the Principal of s. *8(i). ^ct ^ amended by adding thereto the following paragraph namely:— “ This subsection applies subject to clause 24 a of the Schedule to this Act.”. Amendments g. The Schedule to the Principal Act is amended— ' (a) By adding to clause twenty the following paragraphs, namely:— “ The Insurance Commissioner may, according to his discretion, pay any compensation payable under this Act to a person under twenty-one years of age (not being compensation payable during and in respect of any period of total or partial incapacity resulting from the injury in question) to the Public Curator of Queensland and the provisions with respect to property held upon trust for an infant by the Public Curator of Queensland of *“ The Public Curator Acts, 1915 to 1947,” shall apply with respect to any amount of compensation so paid.” ; * 6 G. 5 No. 14 and amending Acts.

LABOUR. 173 1954. Workers’ Compensation, Etc., Act. ( b ) By adding to clause twenty-four the following paragraph, namely :— “ This clause applies subject to clause 24 a of this Schedule.” ; (c) By inserting, after clause twenty-four, the following clause, namely :— “ [24 a .] (1.) Subject to this clause, in respect of an injury Compensa- received under circumstances creating both— ?10n du™g (a) Independently of this Act, a legal liability in some person, jSSjjftng whether the employer or a person other than the employer, recovery of to pay damages in respect of that injury ; and damages. (b) A claim for compensation under provision (B) of subsection one of section fourteen of this Act, a worker shall, pending the recovery by him of those damages, be paid compensation under the said provision (B) according to his entitlement thereto, but he shall not be entitled to claim or to be paid any compensation under the said provision (B) in respect of any period oftime occurring after those damages become recoverable by him. (2.) Any amount of compensation under the said provision (B) paid to a worker to whom this clause applies pending the recovery by him of damages from the employer or, as the case may be, other person legally liable therefor shall be a first charge upon those damages. The employer or other person from whom those damages are recoverable shall pay to the Insurance Commissioner any sum charged thereon by virtue of this subclause or, if those damages are insufficient to meet that charge, the whole of those damages, and that payment shall, to the extent thereof, satisfy the liability of that employer or other person for payment of those damages. (5.) If a worker to whom this clause applies who has received compensation under the said provision (B) has not, independently of this Act, recovered any damages from the employer or, as the case may be, other person legally liable therefor, the Insurance Commissioner shall be entitled to be indemnified by that employer or other person to the extent of his liability. < . If, subsequently to that employer or other person paying under such indemnity, the worker recovers damages against him, the payment under the indemnity shall to the extent thereof, satisfy the liability of that employer or other person. (4.) A worker shall not settle or compromise, for a sum less than the amount of compensation charged on those damages, any claim for damages had by him independently of this Act in respect of an injury to which this clause applies without the prior consent in writing of the Insurance Commissioner. If, without that consent, such a settlement or compromise is made the Commissioner shall nevertheless, to the extent to which the damages recovered are insufficient to meet all payments payable to the Insurance Commissioner under this clause, be entitled to be indemnified by the party, other than the worker, to that settlement or compromise.” ; and (d) By repealing in clause twenty-eight the word “ accident 99 and by inserting, in lieu of that repealed word, the word “ injury