Work Capability Choices below NSW employees compensation law – Was the WCD completed appropriately and what are the avenues for assessment? – Half Three – Employment and HR

Australia:

Decisions about the work capacity according to the NSW Employee Compensation Act – Was the WCD carried out correctly and what options are there for a review? – Part three

December 23, 2020

Carroll & O’Dea

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introduction
In our previous articles, we examined a work capacity decision and a work capacity assessment under the NSW Workers Compensation Act.

This article examines whether a work capacity decision has been made correctly and how to review a WCD.

Was the WCD performed correctly?
It is always important to check that an insurer has correctly performed a work capacity assessment or WCD and that the employee has performed it properly.
If the employee does not perform the process properly, weekly payments may be suspended.
An insurer must also notify the employee two weeks in advance that an examination of the ability to work is taking place, explain that he may need to see a medical / legal doctor, or that he can contact the designated treating doctor and explain to the employee when he will can expect to receive the decision and its review rights.

How to check a WCD
Internal review with the insurer
To conduct an internal review, workers must fill out a review form and the insurer must consider the other material provided and make a decision within 14 days. (287A of the Workplace Injury Management Workers Compensation Act of 1998 [the 1998 Act]).

It should be noted that the requirement for an internal review under Section 287A of the 1998 Act does not remain the insurer’s decision in relation to WCD. When applying for a review, appropriate evidence to be presented to the insurer, including but not limited to a professional assessment, medico-legal evidence, and anything that denies the insurer’s claim that the employee cannot earn or work in the employment, may include appropriate evidence is considered suitable.

Employee Compensation Commission
The matter is dealt with by a delegate from the WCC Chancellor and is usually expedited by filing a Form 1B.

The application of Section 298B of the 1998 Law means that if a request is made to the WCC for WCD review, the WCD will be suspended if the employee has received weekly payments for an uninterrupted period of at least 12 weeks from discontinuing or reducing the amount of weekly payments Payments and the dispute will be communicated to the WCC prior to the end of the notice period under new section 80 of the 1998 Act, which is three months (plus postal allowance) (section 80 of the 1998 Act).

Click here to read the full article on Work Capacity Decisions and Work Capacity Ratings.

The content of this article is intended to provide general guidance on the subject. A professional should be obtained about your particular circumstances.

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