New South Wales Consolidated Acts
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WORKERS COMPENSATION ACT 1987 - SECT 87G
Commutation when worker legally incapacitated
87G Commutation when worker legally incapacitated
(1) If a worker is legally incapacitated because of the worker's age or mental
capacity, a liability in respect of compensation may be commuted to a lump sum
by determination by the Commission made having regard to--
(a) any dispute as
to liability to pay compensation under this Act, and
(b) the injury, the age
of the worker, the general health of the worker, and the occupation of the
worker at the time of the occurrence of the injury, and
(c) the worker's
diminished ability to compete in an open labour market, and
benefits that the worker may be entitled to from any other source.
Commission is not to determine a lump sum for the purposes of this section
unless satisfied that the termination of liability concerned is in the best
interests of the worker.
(3) Payment of the lump sum to which a liability has
been commuted under this section removes the liability.
(4) A determination
under this section may include a determination as to the payment of a lump sum
to remove any liability to make a payment under Division 4 of Part 3 in
respect of the injury concerned. Payment of that lump sum removes any
liability to which the determination relates.
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