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WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 53

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 53

53—Determination of claim

        (1)         On receipt of a claim for compensation the Corporation shall make such investigations and inquiries as it thinks necessary to determine the claim.

        (2)         For the purpose of satisfying itself of the nature, extent or probable duration of an injury, the Corporation may require a worker to submit to an examination by a recognised medical expert nominated by the Corporation from a list of approved experts.

        (3)         If a claimant for compensation

            (a)         fails or refuses to furnish information reasonably required by the Corporation to determine the claim; or

            (b)         fails or refuses to submit to an examination as required under subsection (2)



,

the claim may be rejected.

        (4)         The Corporation shall determine claims for compensation as expeditiously as reasonably practicable and where the claim is for compensation by way of income maintenance shall, wherever practicable, endeavour to determine the claim within 10 business days after the date of receipt of the claim.

        (4a)         Where—

            (a)         the injury results from a road accident; and

            (b)         no member of the police force attends at the scene of the accident; and

            (c)         the claimant is required to report the accident to a member of the police force or at a police station under the Road Traffic Act 1961



,

the Corporation may refrain from determining the claim until the accident is so reported.

        (4b)         If an employer notifies the Corporation, before the Corporation determines a claim, that the employer disputes that the injury is compensable under this Act, the Corporation must, before determining the claim, make a reasonable investigation into the grounds on which the employer disputes the compensability of the injury.

        (5)         As soon as practicable after determining a claim for compensation the Corporation shall give notice in writing of the determination—

            (a)         to the claimant; and

            (b)         to any employer who may be directly affected.

        (6)         Where any part of a claim is rejected, the notice referred to in subsection (5)



must include—

            (a)         such information as the regulations may require as to the grounds on which the claim is rejected; and

            (b)         a statement of the claimant's rights to have the determination reviewed.

        (7)         The Corporation may, in an appropriate case, by notice in writing to the worker, redetermine a claim.

        (7a)         For the purposes of subsection (7)



, an appropriate case is one where—

            (a)         the redetermination is necessary to give effect to an agreement reached between the parties to an application for review or to reflect progress (short of an agreement) made by the parties to such an application in an attempt to resolve questions by agreement; or

            (b)         the claimant deliberately withheld information that should have been supplied to the Corporation and the original determination was, in consequence, based on inadequate information; or

            (c)         the redetermination is appropriate by reason of new information that was not available and could not reasonably have been discovered by due enquiry at the time that the original determination was made; or

            (ca)         the redetermination is for the purposes of section 4(11)



and is appropriate by reason of the stabilising of a compensable injury; or

            (d)         the original determination was made as the result of an administrative error and the redetermination is made within two weeks of the making of the original determination; or

            (e)         the redetermination is made in prescribed circumstances.

        (7b)         A regulation made for the purposes of subsection (7a)(e)



cannot come into operation until the time for disallowance has passed.

        (8)         The redetermination of a claim does not give rise to any right on the part of the Corporation to recover from the worker money paid under a previous determination unless the previous determination was made in consequence of the worker's fraud.