• Specific Year
    Any

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 61

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 61

61 .         Discontinuing or reducing weekly payments without order

        (1)         Subject to subsections (7) and (8) and section 84, where weekly payments of compensation for total or partial incapacity are made to a worker under this Act, they shall not be discontinued or reduced without the consent of the worker or an order of an arbitrator unless the worker has returned to work or a medical practitioner has certified that the worker has total or partial capacity for work or that the incapacity is no longer a result of the injury and a copy of the certificate (which shall set out the grounds of the opinion of the medical practitioner) together with at least 21 clear days’ prior notice of the intention of the employer to discontinue the weekly payments or to reduce them by such amount as is stated in the notice, has been served by the employer upon the worker and unless within that period the worker has not made an application under subsection (3).

        (2)         Weekly payments of compensation for total or partial incapacity shall not be discontinued or reduced pursuant to subsection (1) unless the notice referred to in that subsection contains a clear statement —

            (a)         informing the worker of the effect of failing to make an application under subsection (3) within the time referred to therein; and

            (b)         informing the worker that he may obtain information from WorkCover WA as to the ways and means available to him to establish or protect his rights in respect of his injury; and

            (c)         containing such other information as may be prescribed.

        (2a)         If a person is required to give notice under subsection (1) and —

            (a)         fails to give the notice within the period referred to in that subsection; or

            (b)         gives a notice that does not comply with subsection (2),

                the person commits an offence.

        Penalty: $2 000.

        (3)         A worker who disputes the right of his employer to discontinue or reduce the weekly payments referred to in subsection (1) may, within the period of notice given under that subsection or, if the employer fails to give the notice required under that subsection, within the period of 21 days or such further time as an arbitrator may allow from the day on which the weekly payments were discontinued or reduced, apply for an order of an arbitrator that the weekly payment shall not be discontinued or reduced.

        (4)         Upon the hearing of an application referred to in subsection (3) an arbitrator shall —

            (a)         adjourn the application on such terms as the arbitrator thinks fit; or

            (b)         dismiss the application in which case the weekly payments may be discontinued or reduced, as the case may be; or

            (c)         make an order as to weekly payments by the employer to the worker on such terms as the arbitrator thinks fit.

        (4aa)         A reference in subsection (1), (3) or (4) to the employer is, where the employer is insured against liability to pay compensation under this Act, a reference to the employer’s insurer.

        (4a)         Upon the hearing of an application referred to in subsection (3) an arbitrator —

            (a)         may, where the case requires, take into account whether —

                  (i)         a return to work program has been established for the worker under section 155C(1); and

                  (ii)         the establishment, content and implementation of the return to work program are in accordance with the code as defined in section 155; and

                  (iii)         the worker has participated in the return to work program,

                and for the purposes of determining the application accordingly treat the worker’s incapacity as being of such degree as the arbitrator sees fit; and

            (b)         shall, where the case requires, take into account matters referred to in clause 8.

        (5)         Subject to subsections (7) and (8), weekly payments shall not be discontinued or reduced otherwise than in accordance with this Act.

        Penalty: $2 000.

        (6)         A conviction for an offence that is a contravention of subsection (5) shall not affect any liability for the making of weekly payments of compensation under this Act.

        (7)         Subsections (1) and (2) do not apply to a discontinuance of payments —

            (a)         on payment in full of the prescribed amount; or

            (b)         if section 56 or Schedule 5 clause 2 applies in respect of the incapacity, on the worker reaching the age at which his entitlement to compensation ceases; or

            (ba)         if section 93E(8) or 93P(2)(b) applies to the payment of compensation; or

            (c)         on suspension of payments in accordance with section 72, or 145D; or

            (d)         on failure to comply with section 69 by a worker who does not reside in the State.

        (8)         Subsections (1) and (2) do not apply to a discontinuance or reduction of weekly payments of compensation under section 59(7).

        [Section 61 amended: No. 44 of 1985 s. 20; No. 96 of 1990 s. 11; No. 72 of 1992 s. 11 and 12; No. 48 of 1993 s. 28(1); No. 34 of 1999 s. 13 and 32(2); No. 42 of 2004 s. 48, 147 and 150.]