Return to Work Act 1986
73Compensation for medical, surgical and rehabilitation
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73 Compensation for medical, surgical and rehabilitation treatment, family counselling and other costs (1) Subject to this Part and the Regulations, the employer of a worker who sustains an injury is liable to pay any costs reasonably incurred by the worker as a result of that injury for any one or more of the (a) medical, surgical and rehabilitation treatment (those costs being not more than the relevant amount set out in any guidelines published by the Authority); (b) hospitalisation and hospital treatment; (c) travelling, or being transported, to or from any place for the purpose of medical, surgical and rehabilitation treatment, hospitalisation or hospital treatment; (d) accommodation of the worker if it is necessary for the worker to be accommodated away from the worker's normal place of residence for the purpose of medical, surgical or rehabilitation treatment; (e) attendance by a registered nurse or enrolled nurse, or by some other person if, because of the injury, it is necessary for the worker to have nursing or personal attendance; (f) any other costs as are prescribed by regulation. (2) Subject to this Part and the Regulations, the employer of a worker who sustains an injury is liable to pay any costs reasonably incurred by the worker for family counselling provided to the worker or to one or more members of the worker's immediate family.
Subdivision D Compensation for medical, surgical and rehabilitation treatment, etc. Return to Work Act 1986 70 (3) The costs mentioned in subsection (2) are payable: (a) in the case of a family counselling provided to the worker – in addition to any costs payable under subsection (1); and (b) only to the extent that the total of the costs incurred under subsection (2) for the worker and all members of the worker's immediate family does not exceed 150% of average weekly earnings at the time the costs are incurred. (4) An employer who decides to dispute that particular costs incurred, or proposed to be incurred, by a worker mentioned in subsection (1) or (2) are, or would be, reasonably incurred as a result of an injury must, within 14 days of the decision to dispute the reasonableness of the costs, serve on the worker: (a) a written notice stating: (i) that the employer believes that the treatment or family counselling does not relate to the injury or is not required; and (ii) the reasons for the employer's belief; and (b) a statement of the rights of appeal under this Act; and (c) if the belief is that the treatment is not required – an opinion of a medical practitioner supporting the employer's belief. (5) If the dispute relates to costs incurred under subsection (1), the employer must also serve the following on the worker's medical practitioner: (a) a copy of the written notice mentioned in subsection (4)(a); (b) if applicable – a copy of the opinion mentioned in subsection (4)(c). (6) In this section: family counselling means counselling that: (a) is provided to a worker, or a member of the worker's immediate family, to assist the worker or family member to cope with the psychological impact of the injury sustained by the worker's injury; and