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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3559 ..

Part 4.5 Compensation for medical treatment, damage and other costs

9E Application of pt 4.5 (ACT WCA s 11 (1))

This part applies if-

(a) compensation under this Act is payable by an employer to, or in relation to, a worker in relation to an injury; or

(b) the operation of section 9 (No compensation for less than 6% hearing loss) means no compensation is payable by an employer to, or in relation to, a worker in relation to an injury; or

(c) compensation would be payable by an employer to, or in relation to, a worker in relation to an injury except that-

(i) the worker is not incapacitated for work; or

(ii) the worker is imprisoned (see section 10F); or

(iii) weekly compensation has been suspended under section 10ZI (Compliance by workers); or

(iv) the worker has contravened this Act.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).

9F Employer liability for medical treatment and damage

(1) The employer is liable to pay-

(a) for the cost of medical treatment reasonably obtained in relation to the injury-an amount of compensation appropriate for the provision of the medical treatment, having regard to the charges customarily made for similar medical treatment in the place where the treatment is obtained; and

(b) in relation to any damage to, or loss of, the worker's clothing sustained in association with the injury-compensation of a reasonable amount for the repair or replacement of the damaged or lost clothing.

(2) However, the total amount payable under subsection (1) for each of the following must not be more than the maximum amount:

(a) for the cost of medical treatment consisting of the repair or replacement of a worker's contact lenses, crutches, prosthesis, spectacles or other artificial aid;

(b) for damage to or loss of a worker's clothing.

(3) In subsection (2):

maximum amount , in relation to a treatment, damage or loss, means-

(a) if an amount has been agreed between the worker and employer-that amount; or

(b) in any other case-$500 cpi indexed.

(4) In this section, the cost of medical treatment is taken to include-

(a) the amount of wages lost by the worker because of the worker's attendance at a place (the treatment place ) to undergo the treatment; and

(b) the cost of taking the worker (whether the worker or someone else does the taking) to and from the treatment place worked out under section 9J (Transport costs other than private car) or section 9K (Working out transport costs for private cars); and

(c) the cost of any accommodation (including the cost of meals) required by the worker because of the worker's attendance at the treatment place worked out under section 9L (Costs of accommodation and meals).

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