NSW workers compensation blog
Section 44 work capacity review NSW: deadlines, evidence, and next steps
If you have received a work capacity decision reducing or stopping weekly payments, section 44 is usually your first formal review pathway. Many workers lose momentum because they treat this as paperwork only. In practice, early evidence strategy is what changes outcomes.
Direct answer: what section 44 means for your claim
Section 44 is usually your first formal insurer review pathway after a work capacity decision cuts or stops weekly payments. The practical goal is to challenge the insurer's assumptions early with specific evidence about functional limits, job realism, and earnings. If you do not correct those assumptions in the first review stage, they often carry into later disputes and become harder to unwind.
What to do first (next 48 hours)
- Request every document the insurer relied on (vocational notes, IME report, earnings assumptions).
- Book treating-doctor updates that state practical restrictions: hours, lifting, posture, travel, and attendance reliability.
- Map each insurer assumption to one rebuttal document so your section 44 submission is evidence-led, not opinion-led.
- Set a PIC escalation file in parallel in case the internal review result remains adverse.
Why section 44 matters more than workers expect
The insurer internal review process is where assumptions about suitable employment, restrictions, and earning capacity are first tested. If weak assumptions are not challenged early, they tend to carry forward into later dispute stages and become harder to unwind.
Start with the work capacity decisions guide and pair it with the review timeline article so your dates, evidence requests, and escalation planning line up from day one.
What usually goes wrong before a section 44 review fails
Workers respond too narrowly to the insurer letter
Many review requests say little more than "I disagree". That rarely shifts the insurer position. The better approach is to attack the assumptions underneath the decision: sustainable hours, practical duties, labour-market realism, and whether the medical evidence was fairly read.
Treating evidence stays too vague
A generic certificate often is not enough. The insurer will usually keep relying on a vocational or IME narrative unless your treating doctors spell out hours, lifting, posture limits, flare pattern, medication effects, travel, and attendance reliability in practical terms.
PIAWE and work-capacity issues are treated separately
Sometimes the review is not just about capacity. If the insurer has used unrealistic earning assumptions or a bad wage baseline, you may need to cross-check the PIAWE guide and the weekly payments stopped guide.
No PIC plan is prepared while the review is running
Internal review can be worth doing, but it should not be the only plan. The strongest files are built with an eye on likely PIC escalation if the insurer doubles down.
Common insurer assumptions to challenge
- Suitable jobs listed without matching your real education, training, or restrictions.
- Earning-capacity figures based on theoretical work that is not realistically available.
- Over-reliance on one medico-legal opinion while treating evidence is minimised.
- Vocational reports that ignore travel tolerance, pain flare-ups, fatigue, or medication effects.
If the insurer is leaning heavily on a one-off exam, compare the position with the unfair IME report guide before the review outcome hardens.
First 14 days: practical section 44 action plan
Day 1-2: request the insurer decision reasons and every document relied upon, including vocational notes, IME reports, and wage assumptions.
Day 3-6: obtain updated treating evidence with specific work restrictions, hours tolerance, flare pattern, and attendance limits.
Day 7-10: gather wage and employment evidence to challenge unrealistic earning-capacity assumptions, especially where the insurer says you can work more than the evidence supports.
Day 11-14: finalise review submissions and prepare escalation planning if the outcome remains adverse.
For escalation strategy, review the PIC disputes pathway and the linked section 43 and section 41 guides so the evidence sequence stays consistent.
Section 44 evidence checklist
- Insurer reasons and supporting material requested in writing.
- Treating evidence addresses sustainable duties, hours, breaks, travel, and attendance reliability.
- Vocational assumptions tested against real labour-market and practical restrictions.
- PIAWE and earning assumptions cross-checked where weekly rates are also disputed.
- Section 44 and PIC escalation dates diarised before further payment loss compounds.
Related guides for work-capacity disputes
Use these next if your weekly payments are being reduced, cut at 260 weeks, or tied to earning assumptions that do not reflect your real work options.
Related work-capacity guides
- Workers compensation services hub
- Work capacity disputes hub
- Work capacity review timeline
- Section 43 work capacity decision guide
- Section 41 current work capacity guide
- Section 40 no current work capacity guide
- Suitable employment guide
- Unfair IME report guide
- Weekly payments stopped guide
- PIAWE calculation guide
- Request PIAWE recalculation guide
- PIC disputes process guide
- Start free claim check
Need to respond to a work capacity decision now?
A focused early review can protect weekly entitlements and improve your position before escalation. Request a free claim check for practical next steps matched to your insurer notice.