6.2.13 Eligible Progressive Diseases
The Governor in Council order has declared the following diseases to be ‘Eligible Progressive Disease’ (EPD) under the Act:
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Asbestosis, with or without mesothelioma, attributable to exposure to asbestos
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Silicosis, with or without pulmonary tuberculosis, that is attributable to exposure to silica dust
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Scleroderma with silicosis, that is attributable to exposure to silica dust
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Lung cancer with silicosis, that is attributable to exposure to silica dust
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Primary site brain cancer
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Primary site bladder cancer
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Primary site kidney cancer
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Primary non-Hodgkin’s lymphoma
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Primary leukaemia
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Primary site breast cancer
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Primary site testicular cancer
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Multiple myeloma
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Primary site prostate cancer
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Primary site ureter cancer
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Primary site colorectal cancer
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Primary site oesophageal cancer
These diseases are declared to be serious, potentially life-threatening and extremely likely to cause ongoing deterioration of a person’s health, such that the degree of impairment resulting from the disease is unlikely to stabilise for any significant period of time.
Lodgement
EPD claims should be lodged using a new Worker’s claim for impairment benefits form.
The EPD will be registered on the same claim number as the initial impairment benefit claim.
Date of injury typically will be the same as the initial impairment benefit claim but is also subject to Gradual Process Injury provisions where the worker continued/s to work in condition that expose the worker to conditions.
Eligibility for further IB payments
Eligible Progressive Disease claims may be considered for further IB Impairment Benefits payments where:
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the injury/condition was diagnosed on or after 1 June 2016, and is included in the list approved by the Governor In Council, and
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an initial Impairment Assessment has previously been determined, and
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the EPD injury/condition has deteriorated increasing the previously determined level of impairment.
Assessment
EPD claims are to be assessed in accordance with section 54 WIRC Act Workplace Injury Rehabilitation & Compensation Act 2013. Independent Impairment Assessments are to be arranged for the worker to attend.
Under section 68A WIRC Act, EPD claims do not have to be stable and can proceed to assessment to determine whether the overall level of impairment has increased since the last Notice of Liability, Assessment and Entitlement.
Where the level of impairment is assessed as the same as or lower than in the previous Notice of Liability, Assessment and Entitlement the claim should be rejected.
Refer to section 6.2.4 Impairment assessments
Lung Transplant Surgery
Where a worker has had a lung transplant surgery, the worker is deemed to have a minimum impairment of 30%. Any impairment resulting from Lung Function testing is combined with this minimum impairment.
Calculation
For calculation of entitlements refer to section 6.2.3 Calculate entitlement