The Work Health Court's jurisdiction under s.94 to determine whether a worker is partially incapacitated is not dependent on the employer having served a notice under s.69; that section confers a power on the employer to act unilaterally but does not restrict the court's jurisdiction. Where an employer cancels weekly payments and the worker appeals, the employer bears the onus of proving the worker is no longer incapacitated or is only partially incapacitated; once that onus is discharged, the worker must prove the level and money value of partial incapacity. The court may only determine issues properly raised on the pleadings, and a magistrate should require amendment of defective pleadings before entertaining unpleaded issues.
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