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WORKERS COMPENSATION ACT 1987 - SECT 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.
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