How do I appeal a work capacity decision

A work capacity decision must be appealed/reviewed as follows:-

  • You must firstly request an internal review by the insurer by completing a work capacity application for internal review by insurer.
  • If you are not satisfied with the outcome of the insurer’s internal review then within 30 days you must lodge a Work Capacity Application for Merit Review with the WorkCover Authority of NSW. The application must be lodged with the WorkCover Authority within 30 days of receiving the insurer’s internal review.
  • If you are still not satisfied with the outcome of the WorkCover review then you can lodge an Application for Procedural Review with the WorkCover Independent Review Officer (WIRO) within 30 days of receiving the review from WorkCover.