A worker must make an actual attempt to obtain the employer's agreement on the degree of disability before lodging a Form 22 referral under s 93D(5); failure to do so renders the referral invalid. Medical evidence supporting a Form 22 referral must express the degree of disability as a percentage not less than 30% and must state the disability is permanent; a psychiatric impairment rating on the Social Security Act scale does not satisfy this requirement. Where Schedule 2 is not applicable, a medical practitioner must determine the percentage degree of disability as best they can, with the focus on the level of inability to perform work of any kind.
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