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 (2) , 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] [Section 86 Subsection (1) amended by No. 39 of 2017, s. 24, Applied:01 Jan 2018] 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] .  .  .  .  .  .  .  .  

(e) [Section 86 Subsection (1) amended by No. 99 of 2000, s. 56, Applied:01 Jul 2001] [Section 86 Subsection (1) amended by No. 85 of 2009, s. 35, Applied:01 Jul 2010] a worker's entitlement to weekly payments has expired as provided by section 69B(2E) .

(2)  A certificate referred to in subsection (1) (c) 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 , or , intends to terminate or reduce a weekly payment made to a worker shall cause to be served on the worker –