Special provisions for primary psychological injuries and secondary psychological injuries
65A Special provisions for primary psychological injuries and secondary psychological injuries
No compensation is payable under this Division in respect of permanent impairment that results from a secondary psychological injury.
In assessing the degree of permanent impairment that results from a physical injury or primary psychological injury, no regard is to be had to any impairment or symptoms resulting from a secondary psychological injury.
No compensation is payable under this Division in respect of permanent impairment that results from a primary psychological injury unless the degree of permanent impairment resulting from the primary psychological injury is at least 15%.
Note.
If more than one psychological injury arises out of the same incident, section 153B requires the injuries to be assessed together as one injury to determine the degree of permanent impairment.
If a worker receives a primary psychological injury and a physical injury, arising out of the same incident, the worker is only entitled to receive compensation under this Division in respect of impairment resulting from one of those injuries, and for that purpose the following provisions apply—
the degree of permanent impairment that results from the primary psychological injury is to be assessed separately from the degree of permanent impairment that results from the physical injury,
the worker is entitled to receive compensation under this Division for impairment resulting from whichever injury results in the greater amount of compensation being payable to the worker under this Division (and is not entitled to receive compensation under this Division for impairment resulting from the other injury),
the question of which injury results in the greater amount of compensation is, in default of agreement, to be determined by the Commission.
Note.
If there is more than one physical injury those injuries will still be assessed together as one injury under section 153B, but separately from any psychological injury. Similarly, if there is more than one psychological injury those psychological injures will be assessed together as one injury, but separately from any physical injury.
To the extent of any inconsistency between this section and section 66, this section prevails.
This Act’s bill:Explanatory memorandum
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