7.9.10 Resolutions without a determination

Parties may agree to resolve disputes referred to arbitration before a WIC Workplace Injury Commission final determination. In these circumstances, the agreement between the parties should be recorded in Terms of Settlement A lump sum payment that replaces an injured worker's right to ongoing weekly compensation. which are agreed and signed by both parties. Where an agreement is reached in favour of the worker*, the Terms of Settlement should also set out any agreement on costs in accordance with the Costs Schedule.

Once an agreement is recorded in Terms of Settlement, the parties can request that WIC issue a resolution certificate certifying that the parties have, by consent, agreed to resolve the dispute. The parties should not provide WIC with the Terms of Settlement. WIC’s involvement will be limited to issuing a resolution certificate certifying that an agreement has been reached between the parties - it will not consider the reasonableness of that agreement.

In accordance with section 301ZC, WIC must issue a resolution certificate within 7 days of receiving the request from the parties. The resolution certificate must:

be in a form approved by WIC;
be provided to the claimant A person who applies for WorkCover benefits. (worker) and the employer and the Agent/Self-Insurer;
certify that each party to the dispute in bound by the agreement; and
state that the resolution certificate is evidence of the resolution of the dispute between the parties.

Where the parties have reached an agreement that includes an agreement for costs in accordance with the Costs Schedule, WIC may award the worker the amount of costs agreed between the parties.

If the parties reach an agreement to resolve the dispute in favour of the worker*, but cannot reach an agreement in relation to costs, WIC may award the worker an amount for costs in accordance with the Costs Schedule.