WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 232ZD
Additional payments if treatment, care and support damages insufficient
WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 232ZD
Additional payments if treatment, care and support damages insufficient
232ZD Additional payments if treatment, care and support damages insufficient
(1) This section applies if—
(a) the worker accepted treatment, care and
support damages awarded for the worker’s injury within the acceptance
period; and
(b) the period, of at least 5 years, prescribed by regulation has
passed since the worker accepted the awarded treatment, care and support
damages; and
(c) the worker considers the amount of awarded treatment, care
and support damages is not sufficient to meet the worker’s necessary and
reasonable treatment, care and support needs resulting from the injury.
(2)
The worker may apply to the insurer for treatment, care and support payments
for the injury.
(3) The insurer may accept liability to make treatment, care
and support payments to the worker if the insurer is satisfied the amount of
awarded treatment, care and support damages is not sufficient to meet the
worker’s necessary and reasonable treatment, care and support needs
resulting from the worker’s serious personal injury.
(4) In deciding
whether to accept liability to make treatment, care and support payments to
the worker, the insurer must have regard to the matters prescribed by
regulation.
(5) The insurer must decide to accept or not accept liability to
make treatment, care and support payments to the worker within 20 business
days after the application is made.
(6) The insurer must give the worker
written notice of the insurer’s decision.
(7) In this section, a reference
to the amount of awarded treatment, care and support damages includes the
amount of treatment, care and support payments paid under section 232ZC(2)
until the damages were accepted by the worker.
(8) If the insurer accepts
liability to make treatment, care and support payments for the worker’s
injury under this section—
(a) the worker is entitled to treatment, care and
support payments for treatment, care or support resulting from the injury
provided during the period—
(i) starting on the day the insurer decides to
accept the liability; and
(ii) ending when the first of the following
happens—