Section 44A — Workers Compensation Act 1987 (NSW)

(1) An insurer is to conduct a work capacity assessment of an injured worker when required to do so by this Act or the Workers Compensation Guidelines and may conduct a work capacity assessment at any other time.
(2) A work capacity assessment is an assessment of an injured worker’s current work capacity, conducted in accordance with the Workers Compensation Guidelines.
(3) A work capacity assessment is not necessary for the making of a work capacity decision by an insurer.
(4) An insurer is not to conduct a work capacity assessment of a worker with highest needs unless the insurer thinks it appropriate to do so and the worker requests it.
(5) An insurer may in accordance with the Workers Compensation Guidelines require a worker to attend for and participate in any assessment that is reasonably necessary for the purposes of the conduct of a work capacity assessment. Such an assessment can include an examination by a medical practitioner or other health care professional.
(6) If a worker refuses to attend an assessment under this section or the assessment does not take place because of the worker’s failure to properly participate in it, the worker’s right to weekly payments is suspended until the assessment has taken place.

Related sections

• s 41 — Compensation for incapacity after second entitlement period resulting from surgery
• s 42 — Application by worker to alter amount of weekly payments
• s 43 — Work capacity decisions by insurers
• s 44B — Evidence as to work capacity
• s 44BAA — Regulations
• s 45 — Reduction of weekly payments to qualify for other benefits

Research how courts apply s 44A

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