Reading Guide for Medical Practitioners - WorkCover Tasmania

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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
WORKERS’ AGE LIMITATIONSSection 87Worker age eligibilityEmployers are required to pay compensation to workers:• if an injury occurs on or before the date on which the worker reaches the age of 64years, then weekly benefits will cease once the worker reaches the age of 65• If the injury occurs when the worker is aged 64, weekly benefits will cease12 months after the injury occurred.Where an injured worker can demonstrate that he/she would have continued in his orher employment beyond the age of 65, the Workers Rehabilitation and CompensationTribunal may determine that weekly benefits be continued and also determine theduration of weekly benefits.Example:Joe, who is 64, was injured at work. Hewas informed by his medical practitionerthat weekly payments of compensation forinjury may not apply to him after he turns65.Joe’s payment of weekly benefits maycease once he turns 65; however, themedical and rehabilitation costs of theclaim will still be paid regardless of Joe’sage.Reading Guide for Medical Practitioners Version: 2, June 2010Page 21 of 27
Page 2 and 3: READING GUIDEWORKERS REHABILITATION
Page 5 and 6: SECTIONS OF THE ACT RELEVANT TO MED
Page 7 and 8: The more familiar a primary treatin
Page 9 and 10: The medical practitioner's roleThe
Page 11 and 12: JOURNEY CLAIMSSection 25(6)(a) and
Page 13 and 14: MEDICAL PANELSSections 50(1) to 55B
Page 15 and 16: A worker’s weekly payment will no
Page 17 and 18: ADDITIONAL COMPENSATION FOR TRAVELL
Page 19: INJURIES CONTRACTED BY GRADUAL PROC
Page 23 and 24: within seven days, serve a copy of
Page 25 and 26: work performed. Medical practitione
Page 27: FALSE OR MISLEADING INFORMATIONSect

Reading Guide for Medical Practitioners - WorkCover Tasmania

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