Work Capacity Decisions: Merit reviews & Legal Support

If your appeal to the insurer hasn’t resulted in them overturning their decision you can make a second appeal to the Regulator, called a merit review.  Your Solicitor can now access financial compensation for assisting you to complete this review.  This applies to new applications for review only made after 16/12/2016.It is important that you[…]

Work Capacity Decisions: Appealing a Decision

First review step: Internal ReviewThe first option for a review is called an Internal Review. An internal review is conducted by the insurer. It must be conducted by someone other than the initial decision maker. In practice most (if not all) insurers have a separate team for internal reviews. The internal review will consider the merit[…]

Fact sheet: Work Capacity Assessments

WORK CAPACITY ASSESSMENTS (WCA) The 2012 changes to the workers compensation Acts of NSW introduced work capacity assessment as a tool to identify your current theoretical work capacity and potential future capacity. These are used to determine eligibility for entitlements and support The work capacity assessments provisions do not apply to those workers who are police[…]

Work Capacity Decisions: Receiving the letter

Notification of a work capacity decision:The insurer must notify you in writing of the work capacity decision if it will result in a reduction or discontinuation of your weekly income replacements. The insurer should:Contact you by phone and speak to them at the time of the decision, informing them that a work capacity decision has[…]

Fact sheet: Suitable Employment

​WHAT IS ‘SUITABLE’ EMPLOYMENT?​ A worker’s capacity to earn in suitable employment (1987 Act: S.32A, S.35) Determining a worker’s current work capacity and the amount they are able to earn in suitable employment are work capacity decisions that insurers may make. Suitable duties in the workplace are duties identified that are able to accommodate an injured worker’s work[…]

Work Capacity Decisions

Work Capacity Decision:Through a Work Capacity Assessment, the insurer will make decisions on your work capacity. These decisions can made on things like:Your current work capacityYour pre-injury average weekly earningsWhat constitutes suitable employmentThe amount you may be able to earn in suitable employmentIf you are unable to engage in employment of a certain kind without substantial[…]