WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 38
This legislation has been repealed.
WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 38
(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.