WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 132A Applying for assessment of DPI if no application made for compensation

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 132A

132A Applying for assessment of DPI if no application made for compensation

(1) This section applies to a worker who has not made an application under section 132 .

(1A) However, this section does not apply to a worker who is, or may be, entitled to compensation under chapter 4A .

(2) The worker may apply to the insurer to have the worker’s injury assessed under section 179 to decide if the worker’s injury has resulted in a DPI.

(3) An application under subsection (2) must be—

(a) lodged with the insurer; and

(b) in the approved form; and

(c) accompanied by—

(i) a certificate in the approved form given by a doctor who attended the worker; and

(ii) any other evidence or particulars prescribed under a regulation.

(4) A registered dentist may issue the certificate mentioned in subsection (3) (c) (i) for an oral injury.

(5) If the worker can not complete an application because of a physical or mental incapacity, someone else may complete it on the worker’s behalf.

(6) The insurer must, within 40 business days after an application under subsection (2) is made, decide to allow or reject the application.

(7) The insurer may reject the application only if satisfied the worker—

(a) was not a worker when the injury was sustained; or

(b) has not sustained an injury; or

(c) is, or may be, entitled to compensation under chapter 4A because—

(i) the worker has sustained a serious personal injury that meets the chapter 4A eligibility criteria; and

(ii) section 116 does not apply to the injury.

(8) The insurer must notify the worker of its decision on the application.

(9) If the insurer rejects the application, the insurer must also, when giving the worker notice of its decision, give the worker written reasons for the decision and the information prescribed by regulation.

(10) If the worker is aggrieved by the insurer’s decision on the application, the worker may have the decision reviewed under chapter 13 .

(11) If the insurer does not decide the application within the time stated in subsection (6) —

(a) the insurer must, within 5 business days after the end of the time stated in subsection (6) , notify the worker—

(i) of its reasons for not deciding the application; and

(ii) that the worker may have the insurer’s failure to decide the application reviewed under chapter 13 ; and

(b) the worker may have the insurer’s failure to decide the application reviewed under chapter 13 .

(12) To remove any doubt, it is declared that a decision of the insurer to allow the application does not entitle the worker to compensation for the injury.