WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SCHEDULE 5

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SCHEDULE 5

SCHEDULE 5 – Period of limitation

1 Worker who requests or is given notice of assessment

(1) This section applies if—

(a) less than 6 months before the end of the general limitation period, an insurer gives a worker a notice of assessment for an injury; or

(b) before the end of the general limitation period—

(i) a worker asks an insurer to have the worker’s injury assessed to decide if the injury has resulted in a DPI; and

(ii) the insurer has not given the worker a notice of assessment for the injury.

(2) A proceeding for damages for the injury may be brought—

(a) within 6 months after the insurer gives the notice of assessment for the injury; or

(b) if, before the end of the period mentioned in paragraph (a) , the worker advises the insurer that the worker does not agree with the DPI stated in the notice of assessment for the injury—within 6 months after a tribunal decides the DPI.

2 Application for compensation subject to review or appeal

(1) This section applies if, before the end of the general limitation period—

(a) a claimant lodges an application for compensation for an injury; and

(b) the application is or has been the subject of a review or appeal under chapter 13 ; and

(c) the application has not been accepted.

(2) A proceeding for damages for the injury may be brought—

(a) within 6 months after the claimant’s application is accepted; or

(b) if, before the end of the period mentioned in paragraph (a) , the claimant asks the insurer to have the injury assessed to decide if the injury has resulted in a DPI—

(i) within 6 months after the insurer gives a notice of assessment for the injury; or

(ii) if, before the end of the period mentioned in subparagraph (i) , the worker advises the insurer that the worker does not agree with the DPI stated in the notice of assessment for the injury—within 6 months after a tribunal decides the DPI.

3 Application for certificate of dependency

(1) This section applies if, before the end of the general limitation period, a claimant applies for a certificate under section 132B stating the claimant is a dependant of a deceased worker.

(2) A proceeding for damages for the deceased worker’s injury may be brought by the claimant within 6 months after the insurer issues the certificate.

(3) Subsection (2) applies whether or not the certificate is issued following a review or appeal under chapter 13 .