7.9.10 Resolutions without a determination

Parties may agree to resolve disputes referred to arbitration before a WIC Workplace Injury Commission final determination. WIC’s policies state that in these circumstances the parties can request that the WIC either:

dismiss the dispute; or
refer the dispute back to conciliation so that the agreement can be recorded in an Outcome Certificate.

When matters resolve, Agents should request the dispute be dismissed and record the agreement in Terms of Settlement which are agreed and signed by both parties. A Dismissal Certificate will be issued by WIC and the dispute cannot return to arbitration or be taken to a Court.

Payment of costs in disputes that resolve without a determination

When parties resolve the dispute prior to a final determination, the WIC will not award costs, so parties are responsible for agreeing on costs. In these circumstances, the Agent or Self-insurer may agree to pay costs where it is appropriate to do so and results in an earlier resolution of the dispute – including but not limited to when:

it is likely that if the dispute proceeded to final determination there would be a finding in favour of the worker
the resolution of the dispute is in the worker’s favour.

Costs should be paid in accordance with the amounts set out in the Notice of Schedule of Fees and Costs for Arbitrations published by the WIC. Where possible, an amount for costs should be agreed at the time of settlement A lump sum payment that replaces an injured worker's right to ongoing weekly compensation. and recorded in the terms of settlement to avoid subsequent cost disputes arising. Invoices and evidence of relevant costs should be obtained prior to agreeing on an amount.

There is no WIC process for determining costs where parties cannot reach agreement in relation to a dispute resolved prior to a final determination. To avoid potential disputes a specific amount of costs should be agreed at the time of settlement and specified in the terms of settlement.