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:

  1. Asbestosis, with or without mesothelioma, attributable to exposure to asbestos

  2. Silicosis, with or without pulmonary tuberculosis, that is attributable to exposure to silica dust

  3. Scleroderma with silicosis, that is attributable to exposure to silica dust

  4. Lung cancer with silicosis, that is attributable to exposure to silica dust

  5. Primary site brain cancer

  6. Primary site bladder cancer

  7. Primary site kidney cancer

  8. Primary non-Hodgkin’s lymphoma

  9. Primary leukaemia

  10. Primary site breast cancer

  11. Primary site testicular cancer

  12. Multiple myeloma

  13. Primary site prostate cancer

  14. Primary site ureter cancer

  15. Primary site colorectal cancer

  16. 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:

  • the injury/condition was diagnosed on or after 1 June 2016, and is included in the list approved by the Governor In Council, and

  • an initial Impairment Assessment has previously been determined, and

  • 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

Next | Back to top