81ADisputes of liability for weekly payments and other benefits

81A Disputes of liability for weekly payments and other benefits

[Section 81A Inserted by No. 50 of 1992, s. 9 ]

(1)  [Section 81A Subsection (1) amended by No. 65 of 2004, s. 24, Applied:17 Dec 2004] [Section 81A Subsection (1) amended by No. 16 of 1995, s. 55 ][Section 81A Subsection (1) substituted by No. 99 of 2000, s. 52, Applied:01 Jul 2001] An employer who disputes liability to pay compensation by way of weekly payments for an injury referred to in section 81 (1) or benefits under Division 2 of Part VI must, within 84 days of receiving the claim for compensation in respect of the injury to the worker –

(a) serve the worker with written notice that the employer disputes liability –

(i) to pay compensation by way of weekly payments; or

(ii) to pay any benefits payable under Division 2 of Part VI in respect of the injury; and

(b) inform the worker of the reasons for disputing liability; and

(c) refer the matter to the Tribunal.

(2)  [Section 81A Subsection (2) amended by No. 16 of 1995, s. 55 ][Section 81A Subsection (2) substituted by No. 99 of 2000, s. 52, Applied:01 Jul 2001] [Section 81A Subsection (2) substituted by No. 65 of 2004, s. 24, Applied:17 Dec 2004] The referral of a matter to the Tribunal is to be accompanied by –

(a) the prescribed fee; and

(b) all evidentiary material on which the employer intends to rely at the hearing of the matter.

(2AA)  [Section 81A Subsection (2AA) inserted by No. 65 of 2004, s. 24, Applied:17 Dec 2004] If an employer fails to lodge evidentiary material under , the employer may not rely on that material unless the Tribunal otherwise allows.