New South Wales Consolidated Acts
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WORKERS COMPENSATION ACT 1987 - SECT 44A
Work capacity assessment
(1) An insurer is to conduct a work capacity assessment of an injured worker
when required to do so by this Act or the Workers Compensation Guidelines and
may conduct a work capacity assessment at any other time.
"work capacity assessment" is an assessment of an injured worker's
current work capacity, conducted in accordance with the Workers Compensation
(3) A work capacity assessment is not necessary for the making of
a work capacity decision by an insurer.
(4) An insurer is not to conduct a
work capacity assessment of a worker with highest needs unless the insurer
thinks it appropriate to do so and the worker requests it.
(5) An insurer may
in accordance with the Workers Compensation Guidelines require a worker to
attend for and participate in any assessment that is reasonably necessary for
the purposes of the conduct of a work capacity assessment. Such an assessment
can include an examination by a medical practitioner or other health care
(6) If a worker refuses to attend an assessment under this
section or the assessment does not take place because of the worker's failure
to properly participate in it, the worker's right to weekly payments is
suspended until the assessment has taken place.
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