New South Wales Consolidated Acts
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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 297
Directions for interim payment of weekly payments or medical expenses compensation
(1) When a dispute to which this Part applies concerns weekly payments of
compensation or medical expenses compensation, the President can direct the
person on whom the claim is made to pay the compensation concerned. Such a
direction is referred to in this Part as an
"interim payment direction" .
(1A) Section 298 does not apply to a dispute
concerning a decision by the insurer to discontinue or reduce weekly payments
of compensation on the basis of a work capacity decision under Division 2 of
Part 3 of the 1987 Act.
(2) An interim payment direction for payment of
medical expenses compensation cannot be for an amount of more than $7,500 or
such other amount as may be prescribed by the regulations.
Note : The amount
of $7,500 is subject to adjustment under Division 6 of Part 3 of the 1987 Act.
(3) The President is to presume that an interim payment direction for
weekly payments of compensation is warranted unless it appears to the
(a) the claim concerned has minimal prospects of success, or
(b) the worker has returned to work, or
(c) the injury was not reported by
the worker as required by section 44 (Early notification of workplace injury),
(d) insufficient medical evidence is available concerning the period of
incapacity of the worker, or
(e) circumstances exist that are prescribed by
the regulations as circumstances in which it is not to be presumed that such a
direction is warranted.
(4) If an injury management plan for the worker is in
place or the insurer has accepted that the worker has received an injury (as
defined in this Act), the President is to presume that an
interim payment direction for medical expenses compensation is warranted if
satisfied that the treatment or service to which the compensation relates is
(a) to prevent deterioration of the worker's condition,
(b) to promote an early return to work, or
(c) to relieve significant
pain or discomfort, or
(d) for such other reason as may be prescribed by the
(5) Subsections (3) and (4) do not limit the circumstances in
which an interim payment direction can be given.
interim payment direction can be given subject to conditions.
(7) A further
interim payment direction or directions can be given after the expiry of any
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