New South Wales Consolidated Acts

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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) for a first certificate of capacity provided by a worker to the insurer--be a certificate given by a medical practitioner in a form approved by the Authority, and
(a1) for a second or subsequent certificate of capacity provided by a worker to the insurer--be a certificate that complies with the requirements prescribed by the regulations, including the form of the certificate, and
(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
(c) specify 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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