97Deemed offer where insurer denies liability and no mediation occurs or mediation fails

#### 97 Deemed offer where insurer denies liability and no mediation occurs or mediation fails 97 Deemed offer where insurer denies liability and no mediation occurs or mediation fails > > (1) If— > > > > > (a) the insurer wholly denies liability, and > > > > > (b) no mediation occurs, and > > > > > (c) the claimant obtains an order or judgment on the claim, > > > > costs are to be awarded in accordance with this Subdivision as if— > > > > > (d) the insurer had made a final offer of settlement at mediation of $0, and > > > > > (e) the claimant had made a final offer of settlement at mediation of— > > > > > > > (i) in the case where the President issued a certificate verifying the matters referred to in paragraphs (a) and (b) and the claimant, within one month of the issue of that certificate, made a subsequent offer of settlement to the insurer—the amount of damages specified in that subsequent offer of settlement, or > > > > > > > (ii) in any other case—the amount of damages specified in the pre-filing statement served under section 315 of the 1998 Act. > > > (2) If— > > > > > (a) the insurer wholly denies liability, and > > > > > (b) the matter is referred to mediation, but the matter is not resolved by settlement at the mediation, and > > > > > (c) the claimant obtains an order or judgment on the claim, > > > > costs are to be awarded in accordance with this Subdivision as if— > > > > > (d) the insurer had made a final offer of settlement at mediation of $0, and > > > > > (e) the claimant had made a final offer of settlement at mediation of— > > > > > > > (i) in the case where the claimant, within one month of the conclusion of that mediation, made a subsequent offer of settlement to the insurer—the amount of damages specified in that subsequent offer of settlement, or > > > > > > > (ii) in any other case—the amount of the claimant’s final offer of settlement in mediation under the 1998 Act as certified by the mediator under section 318B of the 1998 Act. > > Note. > > Persons claiming work injury damages who wish to be awarded costs on a party and party basis should apply to the Commission for the mediation of the dispute before the matter goes to court. The availability of costs on a party and party basis is subject to the provisions of clause 94 and this clause. > > **cl 97:** Am 2020 (744), Sch 3\[9\] \[10\].