New South Wales Consolidated Acts

WORKERS COMPENSATION ACT 1987 - SECT 40A

40A Assessment of incapacitated worker’s ability to earn

(1) An injured worker who is partially incapacitated for work may be required by the employer to undergo an assessment of the worker’s ability to earn in some suitable employment.

(2) An injured worker is not required to undergo such an assessment unless the worker has been informed about the possible entitlements of the worker under section 38 and the requirements for the worker to obtain those entitlements, and about the possible effects of section 52A on the worker. The giving of that information does not constitute an admission of liability by an employer or insurer under this Act or independently of this Act.

(3) The Authority may, by notice to insurers and self-insurers, require any such information to be given in the form approved by the Authority.

(4) Any such assessment is at the cost of the person who requires it.

(5) If an injured worker fails, without reasonable excuse, to undergo any such assessment, the right to weekly compensation for partial incapacity for work is suspended while the failure continues.