Unlawful Discontinuance of Workers Compensation Weekly Payments

Foyle Legal often sees workers who have had their workers compensation weekly payments discontinued, and after discussing the situation with those workers it becomes clear the workers compensation weekly payments have been discontinued in a manner which is illegal. The reason why this is happening is unclear but it may well be due to insurer.

This problem has been recognised by WorkCover, the Workers Compensation Court in Western Australia. WorkCover has issued a notice stating that section 61 of the Workers’ Compensation and Injury Management Act 1981 (the Act) is to limit the circumstances in which the employer may unilaterally discontinue or reduce weekly payments without the consent of the worker, a payment
direction made by a conciliation officer or an order of an Arbitrator.

Foyle Legal has recently prepared a video regarding the necessary notice under Section 61 called a Notice To Worker of Intention To Discontinue or Reduce Payments. This video can be viewed below.