When a worker lodges a Form 22 referral under s 93D(5) nominating a relevant level of disability of 'not less than 30%', the Director is not confined to assessing the medical evidence against that level alone. If the medical evidence indicates disability of not less than 16%, the Director must accept the referral and notify the employer under s 93D(7). The Director's function under s 93D(6) is not purely administrative but requires some analysis of the medical evidence; however, the Director cannot refuse a referral where the evidence supports either of the two relevant levels defined in s 93D(1).
The full text is available to signed-in members, including the 22 later cases that cite this judgment.
3 of the 22 citing cases carry a classified treatment. How each court treated it is available to signed-in members.