NSWIn ForceAct
Workers Compensation Act 1987
87GCommutation when worker legally incapacitated
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#### 87G Commutation when worker legally incapacitated
87G Commutation when worker legally incapacitated
> > (1) If a worker is legally incapacitated because of the worker’s age or mental capacity, a liability in respect of compensation may be commuted to a lump sum by determination by the Commission made having regard to—
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> > > (a) any dispute as to liability to pay compensation under this Act, and
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> > > (b) the injury, the age of the worker, the general health of the worker, and the occupation of the worker at the time of the occurrence of the injury, and
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> > > (c) the worker’s diminished ability to compete in an open labour market, and
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> > > (d) other benefits that the worker may be entitled to from any other source.
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> > (2) The Commission is not to determine a lump sum for the purposes of this section unless satisfied that the termination of liability concerned is in the best interests of the worker.
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> > (3) Payment of the lump sum to which a liability has been commuted under this section removes the liability.
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> > (4) A determination under this section may include a determination as to the payment of a lump sum to remove any liability to make a payment under Division 4 of Part 3 in respect of the injury concerned. Payment of that lump sum removes any liability to which the determination relates.
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> **s 87G:** Ins 2001 No 61, Sch 1 \[6\].