7.1.1 Weekly payments | 7.1.2 Medical & like services | 7.1.3 Provisional payments for a mental injury | 7.1.4 Impairment benefits | 7.1.5 Maims & pain & suffering claims | 7.1.5 Maims & pain & suffering claims | 7.1.6 Access to information | 7.1.7 Death of a worker
Disputes about weekly payments referred for conciliation can be about:
- liability to make or to continue to make payments
- whether a worker has or does not have a current work capacity Under the legislation, unless inconsistent with the context or subject-matter — current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment, declared training program
- any other matter which effects the payment or calculation of weekly payments.
Disputes about medical and like services can be about:
- the general liability of the employer/WorkSafe to pay compensation for medical and like services
- WorkSafe’s liability for the reasonable costs of a particular service or type of service.
If the dispute raises a unique or scheme sensitive issue as to the reasonable cost of a particular service, consider involving legally qualified Agent staff or WorkSafe.
Disputes about provisional payments for a mental injury referred for conciliation can be about:
- WorkSafe’s general liability to pay provisional payments in respect of a claim
- WorkSafe’s liability to pay for the reasonable costs of a particular service or the type of service requested under provisional payments.
If a worker disputes a decision to reject liability for injuries included in the claim, the worker must refer the dispute for conciliation.
The Conciliation Officer (CO) may make recommendations or refer a medical question to a Medical Panel Under the legislation, unless inconsistent with the context or subject-matter — Medical Panel means a Medical Panel constituted under Division 2 of Part 12 for an opinion.
A worker is unable to commence proceedings in the court until the CO is satisfied that all reasonable steps have been taken by the worker to settle the dispute and a certificate is issued to that effect.
Disputes about the level of impairment must be referred to a Medical Panel for its opinion.