Workers’ Compensation and Rehabilitation Act 2003

This section applies on a reference to a tribunal under section 500(1)(a).

If the insurer has not admitted that an injury was sustained by a worker, and the nature of the injury, the tribunal must decide—

whether the matters alleged in the application for compensation constitute an injury to the worker and, if so, the nature of the injury; and

whether an incapacity for work resulting from the injury—

is total or partial; and

is permanent or temporary; and

if the tribunal decides that the worker has sustained an injury resulting in permanent impairment and the insurer asks—the DPI for the injury.

For section 130, the tribunal must decide—

the degree of permanent impairment that could result from the injury; and

the DPI for the injury.

For section 131(4), the tribunal must decide—

whether special circumstances of a medical nature exist; and

if special circumstances do exist—the nature and extent of the circumstances.

If subsections (2) to (4) do not apply, the tribunal must decide—

whether an incapacity for work resulting from the injury—

is total or partial; and

is permanent or temporary; and

if the worker has sustained an injury resulting in permanent impairment and the insurer asks—the DPI for the injury.