WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 84 Decision following review

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 84

    (1)     The Authority must, after reviewing an objection lodged under section 79—

        (a)     confirm the decision of the Authority to accept the claim for compensation against the claimed employer; or

        (b)     set aside the decision of the Authority to accept the claim for compensation against the claimed employer and, subject to subsection (4), cease any payments of compensation being made arising from the Authority's original decision to accept the claim.

    (2)     A decision made under subsection (1) must—

        (a)     be in writing and set out the Authority's reasons for the decision; and

        (b)     be provided to the claimed employer—

              (i)     within 90 days of the Authority receiving the lodged objection; or

              (ii)     more than 90 days after the Authority receives the objection if the Authority gives the claimed employer written notice within the period specified in subparagraph (i) specifying—

    (A)     that the Authority is extending the period to provide the Authority's decision to a day specified in the notice; and

    (B)     the reasons for the extension.

    (3)     If the Authority fails to provide the claimed employer with its decision under subsection (1) within the period set out in subsection (2)(b), the Authority is deemed to have confirmed the decision to accept the claim for compensation against the claimed employer.

    (4)     If the worker has been receiving payments of compensation under a claim before the Authority sets aside the decision to accept the claim under subsection (1)(b), the Authority must give the worker 28 days written notice before ceasing to make payments.

    (5)     If the Authority sets aside the decision to accept the claim under subsection (1)(b) and the worker subsequently makes a claim against an employer that is not the claimed employer in respect of the injury that was the subject of the set aside claim—

        (a)     the first entitlement period and the second entitlement period within the meaning of section 152; and

        (b)     the enhancement period within the meaning of section 157 —

must be calculated from the date of the first claim the worker made in respect of the injury the subject of the claim which was set aside.