Matters and circumstances insurer must take into account
42I Matters and circumstances insurer must take into account
For the 1987 Act, section 8Q(a), the following are the types of matters or circumstances an insurer must take into account when determining whether an injury is a primary psychological injury for which compensation is payable—
the account of a relevant event from—
the worker, and
witnesses,
the date, time and location of a relevant event,
if a relevant event involved the worker being subject to the conduct of another person—the nature of the relationship between the worker and the other person,
available medical and health information,
information held by the worker’s employer that relates to the relevant event, including audio and video recordings,
a report of a relevant event made to—
the worker’s employer, or
a union, or
the NSW Police Force, or
SafeWork NSW, or
the Fair Work Commission, or
another investigative body,
other information relevant to the claim given to the insurer by the worker.
To avoid doubt, the absence of a report to one or more bodies under subclause (1)(f) does not determine whether or not an injury is a primary psychological injury.
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