67FDispute of liability in respect of death of worker

### 67F Dispute of liability in respect of death of worker > [*\[Section 67F Inserted by No. 65 of 2004, s. 16, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS16@EN) > > > (1)  If an employer or its licensed insurer disputes liability to pay compensation by way of weekly payments under [section 67A](#GS67A@EN) , the employer or licensed insurer must, within 28 days of receiving the claim for compensation in respect of the death of the worker – > > > > > > (a) serve the dependant or dependants of the deceased worker with written notice that the employer disputes liability to pay weekly payments under [section 67A](#GS67A@EN) ; and > > > > > > > (b) inform the dependants of the matters related to the claim that are disputed and the reasons for disputing liability; and > > > > > > > (c) refer the matter to the Tribunal. > > > (2)  Where a claim for compensation is referred to the Tribunal under [subsection (1)](#GS67F@Gs1@EN) , the Tribunal is to determine whether a reasonably arguable case exists concerning the liability of the employer to pay weekly payments under [section 67A](#GS67A@EN) . > > > (3)  In determining whether there is a reasonably arguable case concerning a claim for compensation under this Division, the Tribunal is to identify each of the matters relating to that claim that are in dispute, and in relation to each of those matters determine whether a reasonably arguable case exists. > > > (4)  Subject to [subsection (7)](#GS67F@Gs7@EN) , in any proceedings in the Tribunal, the employer or the employer’s insurer is prohibited from raising any issue that it did not raise in a dispute under this section. > > > (5)  The Tribunal must – > > > > > > (a) if the Tribunal considers that weekly payments should be made, order the employer to make weekly payments from such date as the Tribunal determines; or > > > > > > > (b) if the Tribunal considers that a reasonably arguable case exists concerning the liability of the employer to pay compensation by way of weekly payments to a dependant of the deceased worker, determine that compensation is not to be paid by the employer to that dependant. > > > (6)  The fact that the Tribunal has determined under [subsection (5)](#GS67F@Gs5@EN) that weekly payments should be made is not to be taken into account by the Tribunal in any other proceedings under this Act. > > > (7)  Notwithstanding that liability has not been disputed under [subsection (1)](#GS67F@Gs1@EN) , an employer who wishes to dispute liability to continue to pay compensation by way of weekly payments under [section 67A](#GS67A@EN) may, at any time after the period referred to in [subsection (1)](#GS67F@Gs1@EN) , refer the matter to the Tribunal.