New South Wales Consolidated Acts
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WORKERS COMPENSATION ACT 1987 - SECT 44B
Evidence as to work capacity
44B Evidence as to work capacity
(1) A worker must provide to the insurer--
(a) certificates of capacity in
accordance with this section in respect of the period in respect of which the
worker is entitled to weekly payments, and
(b) a declaration in the form
approved by the Authority as to whether or not the worker is engaged in any
form of employment or in self-employment or voluntary work for which he or she
receives or is entitled to receive payment in money or otherwise or has been
so engaged at any time since last providing a certificate under this section.
(2) If a decision to reject a claim for weekly payments or to terminate weekly
payments is set aside, a worker is not required to comply with this section in
respect of any period from the date that the decision took effect until the
day on which the decision is set aside.
(3) A certificate of capacity must--
(a) be a certificate given by a medical practitioner in a form approved by the
(b) certify as to the worker's incapacity for work and whether
the worker has a current work capacity or has no current work capacity during
the period, not exceeding 28 days, stated in the certificate, and
the expected duration of the worker's incapacity.
(4) A certificate of
capacity may cover a period exceeding 28 days if--
(a) the person giving the
certificate states in the certificate the special reasons why the certificate
covers the longer period, and
(b) the insurer is satisfied that, for the
special reasons stated, the certificate should be accepted.
(5) A certificate
of capacity is of no effect to the extent that it relates to a period that is
more than 90 days before the certificate is provided.
(6) The insurer may
discontinue weekly payments of compensation if the worker fails to comply with
a requirement under this section within 7 days after the requirement is
communicated to the worker by the insurer.
Note : Section 270 of the 1998 Act
also allows an insurer to require medical evidence and authorisations about
incapacity for work when weekly payments begin.
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