77AAEmployer to pay claim or refer it to Tribunal

77AA Employer to pay claim or refer it to Tribunal

[Section 77AA Inserted by No. 99 of 2000, s. 41, Applied:01 Jul 2001] [Section 77AA Substituted by No. 65 of 2004, s. 21, Applied:17 Dec 2004]

(1AA)  [Section 77AA Subsection (1AA) inserted by No. 85 of 2009, s. 25, Applied:01 Jul 2010] Subsection (1) applies to an employer of a worker if –

(a) the employer has accepted, or is to be taken under section 81AB to have accepted, liability to pay compensation in accordance with this Act for an injury to the worker; or

(b) the employer has been determined by the Tribunal or a court to be liable to pay compensation in accordance with this Act for an injury to the worker.

(1)  [Section 77AA Subsection (1) amended by No. 85 of 2009, s. 25, Applied:01 Jul 2010] Within 28 days after receiving a claim for payment of an expense under this Division, an employer to whom this section applies –

(a) must pay the expense; or

(b) must –

(i) serve the worker with notice in writing disputing the claim; and

(ii) notify in writing the service provider who rendered the account that liability for the expense is disputed and outline the reasons why the employer disputes liability to pay the expense.

Penalty:  [Section 77AA Subsection (1) amended by No. 42 of 2007, s. 22, Applied:31 Oct 2007] Fine not exceeding 20 penalty units.

(2)  A notice disputing a claim is to –

(a) state that the employer disputes liability to pay the expense; and

(b) give the reasons why the employer disputes liability to pay the expense; and

(c) attach or identify with particularity such medical or other evidence as the employer relies on for disputing liability to pay the expense; and