87Failure to decide within specified time

87 Failure to decide within specified time (1) If an employer fails to notify a person of his or her decision within the time specified in section 85(1), the employer is deemed to have accepted liability for compensation payable under Subdivisions B and D of Division 3 until: (a) the expiry of 14 days after the day on which the employer notifies the person of his or her decision in pursuance of that section; or (b) the Court orders otherwise.

Return to Work Act 1986 91 (2) If an employer defers a decision on liability but fails to make a decision to accept or dispute liability within the period for which the deferral remains in force under section 85(4)(a), the employer is deemed to have accepted liability for compensation payable under Division 3, Subdivisions B and D until: (a) the expiry of 14 days after the day on which the employer notifies the claimant of a decision to accept or dispute liability; or (b) the Court orders otherwise. (3) An employer notifies a claimant of a decision for the purposes of subsection (1)(a) or (2)(a) if (and only if): (a) notification of the decision is given in accordance with section 85(6); and (b) in the case of a decision to dispute liability, the employer complies with the further requirements of section 85(8) and (9). (4) An employer who fails to notify a claimant of a decision mentioned in subsection (1)(a) or (2)(a) is considered to have accepted liability for compensation: (a) effective on the day that is 10 working days after the employer commences making payments or providing a benefit by operation of this section and section 85; and (b) whether or not the employer further notifies the claimant as mentioned in section 85(1).

Return to Work Act 1986 92