New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 48A

48A Failure to comply with return to work obligations of worker

(1) If a worker does not comply with an obligation of the worker imposed under section 48, the insurer may in accordance with this section--

(a) suspend the payment of compensation in the form of weekly payments to the worker, or

(b) terminate the payment of compensation in the form of weekly payments to the worker, or

(c) cease and determine the entitlement of the worker to compensation in the form of weekly payments in respect of the injury under this Act.

(2) If the insurer seeks to suspend payments of compensation under subsection (1) (a), the insurer must give written notice to the worker stating--

(a) the reason for the giving of the notice, and

(b) that unless the worker complies with the obligation under section 48 specified in the notice, weekly payments to the worker will be suspended from the date specified in the notice which must be a date at least 14 days after notice is given but no more than 60 days after notice is given, and

(c) the consequences of failing to comply as specified in the notice.

(3) If the worker fails to comply with a written notice under subsection (2), the insurer may suspend the payment of weekly payments to the worker for a period of 28 days after the date specified in the notice referred to in subsection (2) (b).

(4) If the worker complies with the obligation specified in the notice under subsection (2) during the period that weekly payments are suspended under subsection (3), the insurer must, subject to and in accordance with this Act, resume the payment of weekly payments with effect from the date on which the worker complied with the obligation.

(5) If subsection (4) applies, the worker forfeits any compensation in the form of weekly payments that would otherwise have been made during the period of suspension until the worker complied with the obligation and that period is included in determining the first or second entitlement period under Division 2 of Part 3 of the 1987 Act.

(6) If the worker does not comply with the obligation specified in the notice under subsection (2) for the entire period that weekly payments are suspended under subsection (3), the insurer may terminate the payment of compensation in the form of weekly payments to the worker in respect of the injury by written notice stating the reasons for giving the notice.

(7) If the worker--

(a) does not comply with the obligation specified in the notice under subsection (2) for the entire period that weekly payments are suspended under subsection (3), and

(b) has within the last 12 months prior to the giving of the notice referred to in paragraph (a)--

(i) been issued 2 notices under subsection (2) without a subsequent suspension of weekly payments, or

(ii) had compensation in the form of weekly payments suspended once under subsection (3),

the insurer may cease and determine the entitlement to compensation in the form of weekly payments in respect of the injury to the worker under this Act by written notice stating the reasons for giving the notice.