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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 59

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 59

59 .         Workers who claim compensation to notify employers as to remunerated work

        (1)         This section applies to a worker who has claimed or is receiving weekly payments of compensation from an employer (the employer ).

        (2)         A worker who commences remunerated work (other than work with the employer) after making a claim for weekly payments of compensation, is to, within 7 days of —

            (a)         commencing the work; or

            (b)         receiving notification under subsection (3),

                whichever is the later, inform in writing the employer or the employer’s insurer of the commencement of the work.

        Penalty: $500.

        (3)         The employer or the employer’s insurer is to notify in writing a worker of the worker’s obligations under subsection (2).

        (4)         A worker is not to be convicted of an offence under subsection (2) unless the employer or the employer’s insurer has complied with subsection (3).

        (5)         The employer or the employer’s insurer may, in writing, request a worker to provide the following particulars of remunerated work (other than work with the employer) commenced after the making of the worker’s claim for weekly payments of compensation —

            (a)         the date of commencement of the work; and

            (b)         the title, classification or description of the work; and

            (c)         the remuneration for the work; and

            (d)         the name and address of the person (if any) for whom the work is performed.

        (6)         A worker is to provide in writing the particulars requested under subsection (5) within 7 days of the date of the request.

        Penalty: $500.

        (7)         If the particulars provided by the worker under subsection (6) establish that the worker has commenced remunerated work, the employer or the employer’s insurer may discontinue or reduce the worker’s weekly payments of compensation in accordance with the particulars.

        (8)         The employer or the employer’s insurer must not discontinue or reduce a worker’s weekly payments of compensation under subsection (7) otherwise than in accordance with the particulars provided by the worker under subsection (6).

        Penalty: $2 000.

        (9)         Subject to sections 57A, 57B and 58, if —

            (a)         a worker has claimed but has not received from the employer, weekly payments of compensation;

            (b)         the worker provides particulars under subsection (6);

            (c)         the particulars establish that the worker has commenced remunerated work,

                the employer or the employer’s insurer may make a decision in accordance with the particulars as to whether or not weekly payments of compensation are to be made for the period to which the particulars relate, and if so, the amount of the weekly payments.

        (10)         A worker who disputes the discontinuance or reduction of weekly payments of compensation under subsection (7) may apply for an order of an arbitrator that the weekly payments be reinstated.

        [Section 59 inserted: No. 72 of 1992 s. 9; amended: No. 48 of 1993 s. 28(1); No. 42 of 2004 s. 46.]