Work Capacity Decisions

Work Capacity Decisions

WCC DecisionA decision made by Workers Compensation Commission Deputy President O’Grady in Sabanayagam v St George Bank Ltd [2016] on 21 January 2016 has resulted in important changes for NSW businesses. Effective immediately, any decision to cease a workers’ weekly payments of compensation need to be communicated via a Work Capacity Decision (WCD).

This decision is important as it effectively means a legislated 3 month period is required for the WCD to be completed. In context of the 30 June 2015 changes and therefore under the new NSW workers compensation premium formula, it means the additional wage costs will impact a business’ workers compensation premium for the following 3 premium renewals. As a result it is will be increasingly important to ensure all claims are managed in a timely and effective manner. Use of specialists to expedite outcomes will assist businesses in minimising the people, business and financial costs.

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