|If the worker wants to refer a rejection of liability for conciliation, they must do so within 60 days of receiving the determination. This time period can be extended by the senior conciliation officer.
A conciliation officer may refer a medical question to the Medical Panel in relation to liability.
Note: Agents should be closely involved in the wording of the ‘medical question’ at this stage.
See: Medical panel
If liability is not resolved through conciliation and a certificate of genuine dispute is issued, the worker can bring legal proceedings in the Magistrates’ or County Court.
Note: Liability disputes cannot be used as an opportunity to resolve the level of impairment or compensation. Under no circumstances can a worker use a liability dispute to negotiate a settlement.
|If legal proceedings are issued, the Agent must forward relevant documents to WorkSafe’s Impairment Benefit Team within 24 hours of receipt.
|The Impairment Benefit Team allocates the proceedings to a panel solicitor, who will represent the Agent and WorkSafe.
If the Agent, conciliation or a court determines that the decision of liability is varied, the Agent must within 90 days of the variation of liability:
See: Create notice of entitlement for details on what is to be notified to the worker when determining liability and entitlement.
If the Agent’s determination of liability for all rejected injuries is maintained, then the worker has no further recourse for dispute of the determination of those injuries.