43Work capacity decisions by insurers

43 Work capacity decisions by insurers

43 Work capacity decisions by insurers

(1) The following decisions of an insurer are work capacity decisions—

(a) a decision about a worker’s current work capacity,

(b) a decision about what constitutes suitable employment for a worker,

(c) a decision about the amount an injured worker is able to earn in suitable employment,

(d) a decision about the amount of an injured worker’s pre-injury average weekly earnings or current weekly earnings,

(e) a decision about whether a worker is, as a result of injury, unable without substantial risk of further injury to engage in employment of a certain kind because of the nature of that employment,

(f) any other decision of an insurer that affects a worker’s entitlement to weekly payments of compensation, including a decision to suspend, discontinue or reduce the amount of the weekly payments of compensation payable to a worker on the basis of any decision referred to in paragraphs (a)–(e).

(2) The following decisions are not work capacity decisions—

(a) a decision to dispute liability for weekly payments of compensation,

(b) a decision that can be the subject of a medical dispute under Part 7 of Chapter 7 of the 1998 Act.

(3) (Repealed)

s 43: Am 1989 No 133, Sch 8 (3); 1993 No 47, Sch 1; 1994 No 6, Sch 2 (1); 1994 No 10, Sch 1 (4); 1995 No 30, Sch 8 [5]; 1995 No 89, Sch 1 [10]–[13]; 1996 No 121, Sch 4.63 [3]. Subst 2012 No 53, Sch 1.1 [3]. Am 2015 No 18, Sch 2 [8]; 2018 No 62, Sch 1.1 [1] [2].