What is suitable employment?
To disprove suitable employment it is important to understand what suitable employment actually means.
In determining suitable employment the insurer must:
a) have regard to:
I. the nature of the worker’s incapacity and the details provided in medical information including, but not limited to, any certificate of capacity supplied by the worker (under section 44B), and
II. the worker’s age, education, skills and work experience, and
III. any plan or document prepared as part of the return to work planning process, including an injury management plan under Chapter 3 of the 1998 Act, and
IV. any occupational rehabilitation services that are being, or have been, provided to or for the worker, and
V. such other matters as the Workers Compensation Guidelines may specify, and
b) regardless of:
I. whether the work or the employment is available, and
II. whether the work or the employment is of a type or nature that is generally available in the employment market, and
III. the nature of the worker’s pre-injury employment, and
IV. the worker’s place of residence.