6.1.3.5 Agent makes decision on liability

When the Agent receives the panel firm's advice and recommendations they must either accept or reject the recommendations.

If the death resulted from the use of a motor vehicle or public transport, the panel firm or the Agent must contact TAC Transport Accident Commission if considering a rejection of the claim.

If liability for the death of the worker and entitlements is:

accepted - the Agent can commence payment of the eligible entitlements
rejected - the claim may be referred to the Magistrates’ Court or County Court by the legal representative of the person/s making the claim.

By	Action
Agent	Accepts or rejects recommendation After the panel firm's advice has been received the Agent has five business days to either accept or reject the claim for entitlements. Make a decision based on material within their file as well as: the evidence obtained by the panel firm the panel firm’s recommendation. Note: If the Agent does not agree with the panel firm’s advice and recommendations, they must immediately contact the Coordinator, Death and Dependency Claims at WorkSafe via claimspractices@worksafe.vic.gov.au to discuss their concerns.
Agent	Liability accepted As soon as liability has been accepted send standard letters to the: legal representatives of the person making the claim, or the person making the claim, if not legally represented. Send a copy of this letter to the employer. Note: The panel firm may send a letter advising of the acceptance of the claim on behalf of the Agent. Keep a copy of this letter on File as a record of claim acceptance.
Agent	Subject to being provided with an invoice or receipt and as relevant, the Agent makes payment of the reasonable costs of medical and like expenses as follows: medical and like services: provided to the worker between the date of the injury and date of death incurred after the date of death, such as forensic cleaning burial or cremation costs grief counselling, therapy and other support services. Payment of reasonable burial or cremation costs must be made within 10 business days of the Agent: accepting liability receiving a valid invoice or receipt being advised that WorkSafe has registered the provider whichever is the latter. If receipts or invoices for these services have not been received, the Agent must request them. See: Medical & like expenses
	If a weekly pension is to be paid: register a secondary dependency claim for each accepted dependant request a completed Tax File Number Declaration form for each accepted dependant, advising without this form, pension payments will be taxed at the highest rate applicable under the current Australian Taxation Office rules request an Electronic Fund Transfer application form for each adult or trustee if a dependent child or orphan. If the PIAWE amount has been agreed upon by the dependant’s legal representative and the Agent, the Agent must commence payment of weekly pensions on the secondary claim for each determined dependant within 14 days. Pension entitlements do not require court determination unless a dispute arises from a decision on liability or the PIAWE amount. AC s92C WIRC s242 See: Agent pays entitlements \| Weekly pension
	The Agent can pay lump sum entitlements and interest for those claims where there are no: • unrepresented dependants • persons under a disability • minors • unborn children. AC s92A WIRC s235 Otherwise, the Agent instructs the panel firm to prepare the necessary court documents for the Magistrates’ Court or County Court if applicable. See: Claim referred to Magistrates Court or County Court
Panel firm	Prepares the necessary court documents and files them with the Magistrates’ Court or County Court in accordance with court processes.
Panel firm/ Agent	Liability rejected As soon as a decision to reject liability has been made, notify by telephone: legal representatives of the person making the claim, or the person making the claim, if not legally represented. Send a letter advising the reasons for the rejection and the details of the appeal process. Send a copy of this letter to the employer. Note: The panel firm may send a letter advising of the denial of the claim on behalf of the Agent. If so, keep a copy of this letter on file as a record of the rejection of the claim.

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