112Procedure if workers compensation claimed

112 Procedure if workers compensation claimed

112 Procedure if workers compensation claimed

(1) This section applies if a NSW Police Force senior executive is or becomes unable to attend for duty or to continue on duty in circumstances that may give the senior executive a right to claim compensation under the Workers Compensation Act 1987.

(2) If the senior executive has made a claim for compensation—

(a) subject to this division and to subsections (3) and (6), the Commissioner may, pending the determination of the claim, grant the senior executive a period of sick leave on full pay for which the senior executive is eligible, and

(b) if the claim is accepted—the equivalent period of sick leave must be restored to the credit of the senior executive.

(3) If the senior executive notifies the Commissioner that the senior executive does not intend to make a claim for compensation, sick leave on full pay must not be granted unless the Commissioner determines that, in the circumstances of the case, the senior executive should be granted sick leave on full pay.

(4) If a NSW Police Force senior executive who is required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act refuses to submit to, or in any way obstructs, the examination, the senior executive must not be granted sick leave on full pay until—

(a) the examination has taken place, and

(b) the senior executive has given the Commissioner a medical certificate indicating that the senior executive is not fit to resume duty.

(5) Payments being made to a NSW Police Force senior executive under this section must stop if, as a result of a medical examination in relation to a NSW Police Force senior executive referred to in subsection (4)—

(a) a certificate is given under the Workers Compensation Act 1987 setting out the condition and fitness for employment of the senior executive or the kind of employment for which the senior executive is fit, and

(b) the Commissioner makes available to the senior executive employment falling within the terms of the certificate, and