Workers accessing benefits under the Workers Compensation Scheme would be familiar with their obligation to obtain certificates of capacity as a means of producing evidence on their capacity to work. Until recently, the Workers Compensation Act required certificates of capacity to be issued by workers’ nominated treating doctors.
The recently enacted COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (the Act) has made important changes to the Workers Compensation Act 1987. Specifically, section 44B (3) now provides that second and subsequent certificates of capacity must comply with the “requirements prescribed by the regulations”. In turn, the Workers Compensation Regulation 2016 has been amended to allow for second and subsequent certificates to be issued by treating physiotherapists and psychologists. This is a welcome change considering its ability to ease strain on general practitioners amidst the COVOD-19 pandemic.
However, workers should note that the elected physiotherapists or psychologists need to be approved by the State Insurance Regulatory Authority (SIRA). Further, it may be appropriate in some circumstances for workers to be referred back to their medical practitioners for the issuing of certificates where they have more than one type of injury and require multi-disciplinary treatment. If you are currently in receipt of workers compensation weekly payments and need advice regarding the issuing of your certificates of capacity, call Antonela Josipovic today on (02) 6648 7487.
This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.
