Page 1648 - Week 05 - Tuesday, 14 May 2019
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(b) a notice, in writing, from a psychiatrist or clinical psychologist that the psychiatrist or clinical psychologist reasonably believes the person is likely to have a permanent psychological injury resulting from the motor accident.
(4) To remove any doubt—
(a) a WPI assessment of a physical injury may take into account a secondary psychological injury; but
(b) a WPI assessment of a primary psychological injury must not take into account a secondary psychological injury.
(5) The relevant insurer for the motor accident is only liable for the costs of 1 WPI assessment for each kind of injury.
(6) In this section:
primary psychological injury—
(a) means an injury that is—
(i) a psychological or psychiatric disorder, including the physiological effect of a psychological or psychiatric disorder on the nervous system, that results directly from a motor accident; and
(ii) diagnosed by a psychiatrist or clinical psychologist; but
(b) does not include a psychological or psychiatric disorder that results from a physical injury resulting from a motor accident.
Example—psychological injury resulting from a motor accident
post-traumatic stress disorder as a result of witnessing the motor accident
secondary psychological injury means an injury that is—
(a) a psychological or psychiatric disorder that results from a physical injury resulting from a motor accident; and
(b) diagnosed by a psychiatrist or clinical psychologist.
Example—psychological injury that results from physical injury
depression and anxiety as a result of ongoing pain from the physical injury
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Clause 150 (1) (c)
Page 113, line 21—
omit clause 150 (1) (c), substitute
(c) the WPI assessments of each physical body system may be combined in accordance with the WPI guidelines to decide the injured person’s WPI for the person’s physical injuries; and
(d) the WPI assessments of each psychological body system may be combined in accordance with the WPI guidelines to decide the injured person’s WPI for the person’s psychological injuries.
17
Clause 150 (2)
Page 113, line 23—
omit
18
Proposed new clause 151A
Page 114, line 9—
insert
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