Where an employer's s 69 notice asserts cessation of both total and partial incapacity, the employer bears the onus of proving the worker is entitled to nothing by way of weekly compensation — not merely that total incapacity has ceased. Under s 65(2)(b)(ii), the employer must prove the worker is reasonably capable of earning an amount in work she is capable of undertaking; the Work Health Court is entitled to assess whether the worker can actually perform the duties of positions identified by the employer, including by reference to qualifications, skills and physical capacity. The Work Health Court retains jurisdiction to entertain employer counterclaims notwithstanding the enactment of the Work Health Administration Act 2011 (NT). [name withheld] separate reasons raise the prospect that s 65(6) and the 'odd lot' doctrine may provide an alternative basis for deemed total incapacity where a worker's residual capacity cannot translate into an ability to earn.
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