Introduction
In this series of three articles, we look at Work Capacity Decisions and Work Capacity Assessments under NSW workers compensation law.
A work capacity assessment is one conducted by the insurer of a worker's current work capacity in accordance with section 44A of the NSW Workers Compensation Act 1987 (‘the 1987 Act').
A work capacity assessment (s44A of the 1987 Act) is not necessary for making a work capacity decision (WCD) i.e. a WCD can address more than just the work capacity of a worker.
What is a Work Capacity Decision (WCD)?
Section 43(1) of the 1998 Act defines what a WCD can be whereas section 43(2) of the 1987 Act explains what they are not. A WCD, which is usually made at the time worker has received or is about to receive 130 weeks of weekly compensation, will ordinarily determine whether a worker:
