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 (3) (Repealed) 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 \[1\] \[2\].