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ARTICLE · 09 AUGUST 2017

Can subsequent section 74 notices trump a work capacity decision in NSW?

Bartier Perry Solicitors
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The subsequent section 74 notices complicated the matter, but the work capacity decision could continue to operate.

AustraliaEmployment and HR
Judith Edwards (Formerly With Bartier Perry)
Judith Edwards (Formerly With Bartier Perry)
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A recent decision of the Workers Compensation Commission in Lowes v Secretary, Department of Education on 12 July 2017 (Matter No:1435/17), found a change in circumstances and subsequent dispute notices were insufficient to provide the Commission with jurisdiction to decide a worker's claim for weekly compensation.

Relevant Law

Section 43 of the Workers Compensation Act, 1987 provides:

  1. The Commission does not have jurisdiction to determine any dispute about a work capacity decision of an insurer and is not to make a decision in respect of a dispute before the Commission that is inconsistent with a work capacity decision of an insurer.

Facts

  • Lee-Ann Lowes (worker) suffered a compensable psychological injury whilst working as a primary school teacher with the Department of Education (employer) in 2015.

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