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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 289
Restrictions as to when dispute can be referred to Commission
289 Restrictions as to when dispute can be referred to Commission
(1) A dispute about a claim for weekly payments (other than a dispute based on
a work capacity decision) cannot be referred for determination by the
Commission unless the person on whom the claim is made-- (a) disputes
liability for the claim (wholly or in part), or
(b) fails to determine the
claim as and when required by this Act.
Note : The determination of a claim
requires the commencement of weekly payments of compensation. The failure to
commence weekly payments pursuant to a work capacity decision (without having
disputed liability) constitutes a failure to determine the claim.
(2) A
dispute about a claim for medical expenses compensation cannot be referred for
determination by the Commission unless the person on whom the claim is made--
(a) disputes liability for the claim (wholly or in part), or
(b) fails to
determine the claim as and when required by this Act.
(2A) Subsection (2)
does not prevent the referral to the Commission of a dispute about whether any
proposed treatment or service is reasonably necessary as a result of an
injury. Note : Section 60 of the 1987 Act provides for such a dispute to be
referred to the Commission.
(3) A dispute about a claim for
lump sum compensation cannot be referred for determination by the Commission
unless the person on whom the claim is made-- (a) wholly disputes liability
for the claim, or
(b) made an offer of settlement to the claimant pursuant to
the determination of the claim as and when required by this Act and 1 month
has elapsed since the offer was made, or
(c) fails to determine the claim as
and when required by this Act.
Note : The determination of a claim requires
the making of a reasonable offer of settlement (if liability is wholly or
partly accepted). Failure to make a reasonable offer of settlement constitutes
a failure to determine the claim.
(4) A dispute about a claim for
compensation under Division 5 (Compensation for property damage) of Part 3 of
the 1987 Act cannot be referred for determination by the Commission until--
(a) 28 days after the claim for compensation is made, or
(b) the person on
whom the claim is made disputes liability for the claim (wholly or in part),
whichever happens first.
(5) The Commission may not hear or otherwise deal
with any dispute if this section provides that the dispute cannot be referred
for determination by the Commission.
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