A worker's request to an employer for therapeutic treatment directed by a medical practitioner constitutes a 'claim for compensation' for the purposes of s 261 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), even where no cost has yet been incurred. The 'incapacity' referred to in s 16(1)(a)(i) of the Workers Compensation Act 1987 (NSW) is not limited to incapacity giving rise to an entitlement to weekly compensation; rather, the relevant incapacity depends on the type of compensation being claimed. The Workers Compensation Commission's procedures under s 354(3) are sufficiently flexible to permit departure from a concession based on a mistaken view of the law.
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