289Restrictions as to when dispute can be referred to Commission

#### 289 Restrictions as to when dispute can be referred to Commission 289 Restrictions as to when dispute can be referred to Commission > > (1) A dispute about a claim for weekly payments (other than a dispute based on a work capacity decision) cannot be referred for determination by the Commission unless the person on whom the claim is made— > > > > > (a) disputes liability for the claim (wholly or in part), or > > > > > (b) fails to determine the claim as and when required by this Act. > > > > Note. > > > > The determination of a claim requires the commencement of weekly payments of compensation. The failure to commence weekly payments pursuant to a work capacity decision (without having disputed liability) constitutes a failure to determine the claim. > > > (2) A dispute about a claim for medical expenses compensation cannot be referred for determination by the Commission unless the person on whom the claim is made— > > > > > (a) disputes liability for the claim (wholly or in part), or > > > > > (b) fails to determine the claim as and when required by this Act. > > > (2A) Subsection (2) does not prevent the referral to the Commission of a dispute about whether any proposed treatment or service is reasonably necessary as a result of an injury. > > > > Note. > > > > Section 60 of the 1987 Act provides for such a dispute to be referred to the Commission. > > > (3) A dispute about a claim for lump sum compensation cannot be referred for determination by the Commission unless the person on whom the claim is made— > > > > > (a) wholly disputes liability for the claim, or > > > > > (b) made an offer of settlement to the claimant pursuant to the determination of the claim as and when required by this Act and 1 month has elapsed since the offer was made, or > > > > > (c) fails to determine the claim as and when required by this Act. > > > > Note. > > > > The determination of a claim requires the making of a reasonable offer of settlement (if liability is wholly or partly accepted). Failure to make a reasonable offer of settlement constitutes a failure to determine the claim. > > > (4) A dispute about a claim for compensation under Division 5 (Compensation for property damage) of Part 3 of the 1987 Act cannot be referred for determination by the Commission until— > > > > > (a) 28 days after the claim for compensation is made, or > > > > > (b) the person on whom the claim is made disputes liability for the claim (wholly or in part), > > > > whichever happens first. > > > (5) The Commission may not hear or otherwise deal with any dispute if this section provides that the dispute cannot be referred for determination by the Commission. > > **s 289:** Ins 2001 No 61, Sch 4.2 \[17\]. Am 2005 No 113, Sch 1.1 \[11\]; 2010 No 101, Sch 2 \[9\]; 2018 No 62, Sch 1.2 \[13\] \[14\].