WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 297 Directions for interim payment of weekly payments or medical expenses compensation

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 297

297 Directions for interim payment of weekly payments or medical expenses compensation

(1) When a dispute to which this Part applies concerns weekly payments of compensation or medical expenses compensation, the President can direct the person on whom the claim is made to pay the compensation concerned. Such a direction is referred to in this Part as an
"interim payment direction" .

(1A) Section 298 does not apply to a dispute concerning a decision by the insurer to discontinue or reduce weekly payments of compensation on the basis of a work capacity decision under Division 2 of Part 3 of the 1987 Act.

(2) An interim payment direction for payment of medical expenses compensation cannot be for an amount of more than $7,500 or such other amount as may be prescribed by the regulations.

Note : The amount of $7,500 is subject to adjustment under Division 6 of Part 3 of the 1987 Act.

(3) The President is to presume that an interim payment direction for weekly payments of compensation is warranted unless it appears to the President that--

(a) the claim concerned has minimal prospects of success, or

(b) the worker has returned to work, or

(c) the injury was not reported by the worker as required by section 44 (Early notification of workplace injury), or

(d) insufficient medical evidence is available concerning the period of incapacity of the worker, or

(e) circumstances exist that are prescribed by the regulations as circumstances in which it is not to be presumed that such a direction is warranted.

(4) If an injury management plan for the worker is in place or the insurer has accepted that the worker has received an injury (as defined in this Act), the President is to presume that an interim payment direction for medical expenses compensation is warranted if satisfied that the treatment or service to which the compensation relates is reasonably necessary--

(a) to prevent deterioration of the worker's condition, or

(b) to promote an early return to work, or

(c) to relieve significant pain or discomfort, or

(d) for such other reason as may be prescribed by the regulations.

(5) Subsections (3) and (4) do not limit the circumstances in which an interim payment direction can be given.

(6) An interim payment direction can be given subject to conditions.

(7) A further interim payment direction or directions can be given after the expiry of any earlier direction.