Circumstances in which compensation may be commuted, class 1 cases—the 1987 Act, s 87EA(2)(b)
49C Circumstances in which compensation may be commuted, class 1 cases—the 1987 Act, s 87EA(2)(b)
A liability in relation to an injury in a class 1 case may be commuted to a lump sum under the 1987 Act, Part 3, Division 9 if—
the injured worker’s relevant injury occurred—
after 4pm on 30 June 1987, and
before 1 January 2023, and
when the request for commutation is made, the injured worker has an existing and continuing entitlement to—
weekly compensation under the 1987 Act, Part 3, Division 2, and
compensation for medical, hospital and rehabilitation expenses under the 1987 Act, Part 3, Division 3, and
the injured worker has received payment under the 1987 Act, Part 3, Division 2 or 3 in the 52 weeks immediately before the request for commutation is made, and
the injured worker’s degree of permanent impairment has been assessed in accordance with the NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment published by the Authority as in force at the time of the assessment, and
the injured worker and the insurer agree about the worker’s degree of permanent impairment, and
the injured worker’s claim does not relate to hearing loss.
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