86Cases in which employer may terminate or reduce payments

### 86 Cases in which employer may terminate or reduce payments > *\[Section 86 Subsection (4) amended by No. 16 of 1995, s. 60 \]* > > > (1)  *\[Section 86 Subsection (1) amended by No. 16 of 1995, s. 60 \]*Except in pursuance of a determination made by the Tribunal under [section 88](#GS88@EN) [(2)](#GS88@Gs2@EN) , an employer may, subject to this section, terminate or reduce a weekly payment made to a worker only where – > > > > > > (a) the payment is in respect of total incapacity and the worker has returned to work; > > > > > > > (b) the worker is in receipt of the weekly payment in respect of partial incapacity and is receiving weekly earnings in excess of the amount upon which the amount of such weekly payment was determined; > > > > > > > (c) [*\[Section 86 Subsection (1) amended by No. 85 of 2009, s. 35, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS35@Hpa@EN) [*\[Section 86 Subsection (1) amended by No. 39 of 2017, s. 24, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS24@EN) a medical practitioner who has examined the worker has certified that, in his opinion, the worker has wholly recovered or substantially recovered, from the effects of the injury in respect of which the payment is being made or that the worker's incapacity is no longer due, wholly or substantially, to that injury; or > > > > > > > (d) [*\[Section 86 Subsection (1) amended by No. 85 of 2009, s. 35, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS35@Hpb@EN) .  .  .  .  .  .  .  .   > > > > > > > (e) [*\[Section 86 Subsection (1) amended by No. 99 of 2000, s. 56, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS56@EN) [*\[Section 86 Subsection (1) amended by No. 85 of 2009, s. 35, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS35@Hpc@EN) a worker's entitlement to weekly payments has expired as provided by [section 69B(2E)](#GS69B@Gs2E@EN) . > > > (2)  A certificate referred to in [subsection (1)](#GS86@Gs1@EN) [(c)](#GS86@Gs1@Hpc@EN) shall specify the grounds upon which the opinion expressed in it is given. > > > (3)  *\[Section 86 Subsection (3) amended by No. 43 of 1993, s. 21 \]*An employer who, for the reasons specified in [subsection (1)](#GS86@Gs1@EN) [(c)](#GS86@Gs1@Hpc@EN) , [(d)](#GS86@Gs1@Hpd@EN) or [(e)](#GS86@Gs1@Hpe@EN) , intends to terminate or reduce a weekly payment made to a worker shall cause to be served on the worker – > > > > > > (a) a notice of his intention to terminate the weekly payment being made to the worker, or to reduce that payment by the amount specified in the notice at the expiration of a period of 10 days from the day on which the notice was served on the worker; and > > > > > > > (b) where the employer's intention to terminate or reduce is based on a certificate referred to in [subsection (1)](#GS86@Gs1@EN) [(c)](#GS86@Gs1@Hpc@EN) , a copy of that certificate. > > > (3A)  *\[Section 86 Subsection (3A) inserted by No. 16 of 1995, s. 60 \]*A notice referred to in [subsection (3)](#GS86@Gs3@EN) [(a)](#GS86@Gs3@Hpa@EN) is to contain a statement informing the worker of the worker's right to refer the termination or reduction of the weekly payments to the Tribunal for determination. > > > (4)  *\[Section 86 Subsection (4) amended by No. 50 of 1992, s. 10 \]*A worker who has been served with a notice under [subsection (3)](#GS86@Gs3@EN) [(a)](#GS86@Gs3@Hpa@EN) and who wishes to dispute the termination or reduction of the weekly payments being made to him may within a period of 60 days from the date on which the weekly payments were terminated or reduced, refer the matter to the Tribunal for determination. > > > (5)  An employer who terminates or reduces a weekly payment otherwise than in accordance with this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.