A medical report expressing an opinion that a worker has capacity to work in a particular occupation does not constitute a certificate under s 61(1) of the Workers' Compensation and Injury Management Act 1981 (WA) that the worker's incapacity is no longer a result of the injury. The question whether incapacity is no longer a result of injury is a question of causation distinct from the question of capacity for a particular kind of work. Where no valid s 61 certificate exists, the employer may invoke s 60 to seek discontinuance or reduction of weekly payments.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.