201Authority or self-insurer to accept or reject claim

201 Authority or self-insurer to accept or reject claim

(1) The Authority or self-insurer must, within 120 days after receiving a Division 5 claim from a worker or, in the case of a claim initiated by the Authority or self-insurer, within 120 days of the relevant date—

(a) if the claim is a Division 5 claim made by a worker, accept or reject liability for each injury included in the claim; and

(b) obtain an assessment or assessments in accordance with Division 4 of Part 2 as to the degree of permanent impairment (if any) of the worker resulting from the injury or injuries in respect of which liability is accepted; and

(c) after taking into account the assessment or assessments obtained under paragraph (b), determine the degree of permanent impairment (if any) of the worker for each of the purposes of—

(i) Division 5; and

(ii) Division 2 of Part 7;

(d) determine whether the worker has an injury which is a total loss mentioned in the Table in Schedule 4; and

(e) calculate any entitlement to compensation under Division 5; and

(f) advise the worker as to—

(i) if the claim is a Division 5 claim made by the worker, the decision to accept or reject liability for each injury included in the claim; and

(ii) each of the determinations as to the degree of permanent impairment (if any) of the worker and whether the worker has an injury which is a total loss mentioned in the Table in Schedule 4 resulting from the injury or injuries in respect of which liability is accepted; and

(iii) the calculation of any entitlement to compensation under Division 5; and

(g) provide to the worker a copy of—

(i) any medical reports, correspondence and other documents provided to; and

(ii) any medical reports, correspondence and other documents obtained from—

any medical practitioner referred to in section 54(1)(b) conducting an independent examination.

(2) The Authority or self-insurer is not bound by the assessment or assessments obtained under subsection (1)(b) in determining the degree of any permanent impairment under subsection (1)(c).

S. 202 (Heading) amended by Nos 73/2016 s. 21(5), 15/2021 s. 7(1).