Thanks to our mighty contributor ‘At A Loss’ we were alerted to the following recent NSW Workers Compensation Commission case which basically shows that a work capacity decision in NSW does not necessarily mean the end! Under the legislation (11.) the Commission has jurisdiction to make a continuing award pursuant to the provisions of the former s 40 of the Workers Compensation Act 1987 (the 1987 Act).
A work capacity decision in NSW is not necessarily the end!
As At A Loss stated: I think that if you read the case it shows that the commission can make orders for payments to continue. They cant review work capacity decisions as it is out of their jurisdiction thanks to the O’Farrell government.
I think this is a way around for those injured prior to the changes as it highlights the importance of an agreement prior to June 2012 may be binding.
Direct link to the NSW legal case WCC : R v GLENWOOD GARDEN 2 Sept 2013- Citation [ NSWWCC 313 >>
Thank you At A Loss !!!