Western Australian Current Acts Western Australian Current Acts (1) A worker’s
entitlement to compensation under this Act may be suspended by order of an
arbitrator if the worker, being required by an arbitrator under section
156B(2) to participate in a return to work program, refuses or fails to
participate in the return to work program.
(2) An arbitrator is
not to make an order under subsection (1) if —
(a) the
establishment, content or implementation of the return to work program is not
in accordance with the code as defined in section 155; or
(b) the
worker satisfies the arbitrator that the worker had a reasonable excuse for
refusing or failing to participate in the return to work program.
(3) An arbitrator is
to revoke an order made under subsection (1) if satisfied that the worker has
subsequently participated in a return to work program that has been
established for the worker under section 155C(1).
(4) The worker’s
entitlements are suspended from the date on which the arbitrator makes the
order until the date on which the order is revoked under subsection (3) or the
worker’s entitlements cease under subsection (6).
(5) An order made
under subsection (1) is binding on the worker, the employer and the insurer of
the employer.
(6) If a worker
continues to refuse or fail to comply with an order to participate in the
return to work program for one month, or such time as an arbitrator otherwise
orders, after an order is made under subsection (1) in respect of the worker,
then the worker’s entitlement to compensation for the injury in respect
of which the worker was required to participate in the return to work program
ceases.
[Section 72B inserted: No. 42 of 2004 s. 58.]
[Heading inserted: No. 8 of 2018 s. 6.]