6.2.3.4 Worker responds to notice of entitlement

By	Action
Worker	The worker must complete and return the Worker’s Response Form attached to the Notice of Liability and Entitlement within 60 days. The worker may respond in the following ways: accept or dispute the liability determination for each injury claimed accept or dispute the impairment determination in relation to physical impairment and accept or dispute the impairment determination in relation to psychiatric impairment if the worker accepts the impairment assessment (both physical and psychiatric), either accept or dispute the calculated entitlement if the worker accepts the assessment and the calculated entitlement (both physical and psychiatric) elect to receive or not to receive the compensation entitlement. Note: If worker disputes the liability determination in respect for one or more injuries claimed, the worker does not have to respond as to whether they accept or dispute the determinations of assessment or calculation of entitlement. WIRC s205(1) AC s104B(6A) WIRC s205(1) AC s104B(6)
Agent	If worker disputes the impairment assessment If the worker disputes the impairment assessment, the Agent will refer the claim to the Medical Panel within 14 days. WIRC s207(1) AC s104B(9) The Agent to refer/provide to the Medical Panel: for claims lodged on or after 18/11/04 refers the worker’s disputed determinations of impairment which can be either the psychiatric impairment and/or the physical impairment or both. The worker may not dispute only part of the psychiatric impairment or part of any physical impairment refers medical questions set out in the legislation to the Medical Panel. Use referral forms from appendices: Complete medical panel referral forms Hearing Loss only - Referral to Medical Panel provides the Medical Panel with all documentation on the claim file as forwarded to the IIA and any further material submitted by the worker’s solicitor after the generated Notice of Entitlement/Notice of Liability and Entitlement provides a copy of the Medical Panel referral and attached documentation to the worker and/or their solicitor. Agent may make a submission to Medical Panel A Medical Panel referral may include submissions by the Agent. The submission may: make reference to the technical interpretation of the AMA Guides 4th Edition be developed in consultation with the Agent’s senior legal manager and/or WorkSafe’s Impairment Benefit Team.
Worker's solicitor	A worker’s solicitor may make submissions to the Medical Panel. If the Agent is provided with a copy of the submissions, they may reply to any submissions and if necessary seek advice from WorkSafe’s Impairment Benefit Team.
Medical Panel	The Medical Panel must: form its opinion within 60 days after the referral within seven days after forming its opinion provide a copy of the opinion to the Agent. The Medical Panel opinion is binding on all parties including the courts. WIRC s313
Agent	When the Agent receives the Medical Panel’s opinion, they must send the worker a revised Notice of Entitlement within 60 days. Note: At this time the Agent is not required to re-issue the determination of liability. WIRC s208 WIRC s207(3) AC s104B(12) WIRC s207(2) AC s104B(10) WIRC s207(1) AC s104B(9)
Worker	If worker accepts the impairment assessment The worker is able to accept or dispute in full the physical determination and accept or dispute in full the psychiatric impairment determination. A worker cannot accept or dispute only part of the physical or psychiatric impairment determination/s.
Agent	If worker accepts both the assessment and the calculated entitlement If the worker accepts both the impairment assessment and the calculated entitlement the Agent pays the worker his or her entitlement within 14 days. See: Pay worker impairment benefit WIRC s206(4) AC s104B(8) If worker accepts the impairment assessment and disputes the calculated entitlement If the worker accepts the impairment assessment and disputes the calculation of entitlement (for example the way the formula is applied), the Agent must review the claim file to ensure that the correct entitlement has been calculated. If the correct entitlement has been calculated, the Agent should then contact the worker to confirm this. If the worker is not satisfied they can refer the dispute to conciliation. If the Agent has incorrectly calculated the worker’s entitlement they should contact the worker to resolve the matter and issue a revised Notice of Entitlement/Notice of Liability and Entitlement.
WorkSafe	If conciliation fails and the dispute is referred to court, the Agent must refer the worker’s claim to WorkSafe’s Impairment Benefit Team, which then allocates a panel solicitor to represent WorkSafe and the Agent in court.

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