77ABEmployer's liability for expenses less than $5 000 if liability not accepted or determined

### 77AB Employer's liability for expenses less than $5 000 if liability not accepted or determined > [*\[Section 77AB Inserted by No. 85 of 2009, s. 26, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS26@EN) > > > (1)  This section applies to an employer of a worker who has made a claim for compensation if – > > > > > > (a) either – > > > > > > > > > > (i) the employer has not accepted, or is not to be taken under [section 81AB](#GS81AB@EN) to have accepted, liability to pay compensation for an injury to the worker; or > > > > > > > > > > > (ii) the employer has not been determined by the Tribunal or a court to be liable to pay compensation for an injury to the worker; and > > > > > > > (b) the Tribunal has not made orders under either [section 81A(3)(c)](#GS81A@Gs3@Hpc@EN) or [(d)](#GS81A@Gs3@Hpd@EN) in relation to the injury to the worker; and > > > > > > > (c) the employer receives from an injured worker a claim for payment of an expense under this Division; and > > > > > > > (d) the amount of the expense, when combined with amounts for expenses under this Division that the employer has already paid in relation to the worker's injury, is not more than $5 000. > > > (2)  If this section applies to an employer, the employer, within 28 days of receiving a claim for payment of an expense referred to in [subsection (1)(c)](#GS77AB@Gs1@Hpc@EN)  – > > > > > > (a) must pay the expense; or > > > > > > > (b) if the employer is of the opinion that the expense is unreasonable or unnecessary, must – > > > > > > > > > > (i) serve the worker with a notice specifying why the expense is unreasonable or unnecessary; and > > > > > > > > > > > (ii) notify in writing the service provider who rendered the account that liability for the expense is disputed because the expense is unreasonable or unnecessary and give the reasons why the expense is unreasonable or unnecessary; and > > > > > > > > > > > (iii) refer the dispute to the Tribunal under this section. > > > (3)  If an employer pays an expense in accordance with [subsection (2)](#GS77AB@Gs2@EN) , the payment is not, in any subsequent proceedings under this Act, to be construed as an admission of liability. > > > (4)  If an employer who receives from a worker a claim for payment of an expense under this Division pays the expense under this section – > > > > > > (a) the payment is not recoverable from the worker by the employer, unless an order is made in relation to the amount under [section 77AC(5)](#GS77AC@Gs5@EN) ; and > > > > > > > (b) the payment, except for the amount payable by the employer under [section 97(1A)](#GS97@Gs1A@EN) and [(1B)](#GS97@Gs1B@EN) and any amount that the employer is entitled to recover from the worker by virtue of an order under [section 77AC(5)](#GS77AC@Gs5@EN) , is recoverable by the employer from the employer's insurer.