WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 312 Costs if written final offer by claimant

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 312

312 Costs if written final offer by claimant

(1) This section applies if—

(a) the claimant makes a written final offer that is not accepted by the insurer; and

(b) the court later awards an amount of damages to the claimant that is equal to or more than the written final offer; and

(c) the court is satisfied that the claimant was at all material times willing and able to carry out what was proposed in the written final offer.

(2) The court must order the insurer to pay the claimant’s costs, calculated on the indemnity basis.