123Application for workers compensation dispute appeal

123 Application for workers compensation dispute appeal

123 Application for workers compensation dispute appeal

(1) An application for a workers compensation dispute appeal must—

(a) attach a copy of the certificate as to the determination of the dispute under section 294(1) of the 1998 Act, and

(b) include or attach full details of—

(i) the grounds for and the arguments in support of the grounds for the appeal and, if necessary, arguments in support of leave to appeal an interlocutory decision, and

(ii) for the purposes of section 352(3) of the 1998 Act, the amount of compensation alleged to be at issue on the appeal, and

(iii) whether the appeal has been made within the time provided by section 352(4) of the 1998 Act, and

Note—

Rule 133A provides for an extension of the period of time during which an appeal under the 1998 Act, section 352 may be made.

(iv) any new evidence in relation to which leave is to be sought, by the appellant, in accordance with section 352(6) of the 1998 Act, and

(v) if the appellant wishes to object to the appeal being decided solely on the basis of the written application and any written notice of opposition lodged—the reasons for the objection, and

(vi) an objective chronology of the key events leading up to the commencement of the proceedings, which is not limited to matters that assist the party preparing the chronology.

(2) The appellant must, within 7 days of registration of the application, serve a sealed copy of the application, including attachments, on—

(a) the other parties to the proceedings, and

(b) if any of the other parties is an employer that is not a self-insurer—the employer’s insurer.

rule 123: Am 2022 (170), Sch 1[14]; 2025 (708), Sch 1[15]–[18].