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WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 38

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 38

38—Review of weekly payments

        (1)         Subject to subsection (2)



, the Corporation may on its own initiative and shall if requested by a worker or an employer review the amount of the weekly payments made to a worker who has suffered a compensable injury.

        (1a)         If a period of incapacity continues for more than one year, the Corporation must conduct a review under this section in the second year of incapacity and in each subsequent year of the incapacity.

        (1b)         A request by a worker or employer must be made in a designated manner and a designated form.

        (2)         The Corporation is not required to comply with a request for a review under subsection (1)



if the request is made within three months from the completion of an earlier review.

        (3)         Before the Corporation begins a review under this section, the Corporation must give the worker notice, in a designated form—

            (a)         informing the worker of the proposed review; and

            (b)         inviting the worker to make written representation to the Corporation on the subject of the review within a reasonable time specified in the notice.

        (4)         If the Corporation finds on a review under this section that the worker's entitlement to weekly payments has ceased, or has increased or decreased, the Corporation must adjust or discontinue the weekly payments to reflect that finding.

Example—

For example, if the Corporation finds on the review that there has been a change in the extent of the worker's incapacity with a consequent change in the amount the worker is earning or could earn in suitable employment, the Corporation must adjust the weekly payments to reflect the change in entitlement.

        (5)         For the purposes of a review under this section, the Corporation may, by notice in writing to a worker, who is receiving weekly payments—

            (a)         require the worker to submit to an examination by a recognised medical expert nominated by the Corporation; or

            (b)         require the worker to furnish evidence of the worker's earnings.

        (6)         If a worker fails to comply with a requirement under subsection (5)



within the time allowed in the notice, the Corporation may suspend weekly payments to the worker.

        (7)         On completing the review, the Corporation must give notice, in a designated form, setting out the Corporation's decision on the review, and the rights of review that exist in respect of the decision, to—

            (a)         the worker; and

            (b)         the employer from whose employment the compensable injury arose.