Reading Guide for Medical Practitioners - WorkCover Tasmania

TERMINATION OR REDUCED WEEKLY PAYMENTSection 86Circumstances for reduction of paymentWith the exception of the Tribunal making a determination to reduce weekly payments,an employer may only reduce or terminate payments to workers in circumstanceswhere:• an accredited medical practitioner certifies that the worker has wholly orsubstantially recovered from the injury or that the worker’s incapacity is nolonger wholly or substantially due to the injury• the payment is for total incapacity and the worker has returned to work• the worker receives weekly payments for partial incapacity and is receivingweekly earnings in excess of the amount upon which the amount of suchweekly payments was determined• a worker’s entitlement to weekly payments for the period of incapacity, withregard to the percentage of the worker’s permanent impairment percentage,under the Act expiresExamples:Jacinta is fully recovered from her injuryand receives an ‘all-clear’ to return to workfrom her medical practitioner. She isreluctant to return to work, although shehas a certificate confirming her health andfitness. Her earnings will become affectedby her decision not to return to work.Jacinta’s earnings will be affected if shehas been certified capable by her medicalpractitioner and refuses to return to work.Janice is sent to an employer’s medicalpractitioner for an opinion and receives aclearance to return to normal duty. Hertreating medical practitioner disagrees andgives her a certificate for a further fourweeks of total incapacity.In the first instance, the two medicalpractitioners confer. If they do not reachan agreement, a resolution may be soughtfrom the Tribunal. The workplace mayterminate weekly benefits based on itsexamining medical practitioner’s reportafter giving the worker ten (10) days noticein writing.Reading Guide for Medical Practitioners Version: 2, June 2010Page 20 of 27