Section 43 — Workers Compensation Act 1987 (NSW)

(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.
(3)

Related sections

• s 40 — Entitlement after second entitlement period not affected by certain circumstances
• s 41 — Compensation for incapacity after second entitlement period resulting from surgery
• s 42 — Application by worker to alter amount of weekly payments
• s 44A — Work capacity assessment
• s 44B — Evidence as to work capacity
• s 44BAA — Regulations

Research how courts apply s 43

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