Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 29

29 .         Requirements when decision on liability deferred

        (1)         If an insurer or self-insurer gives a deferred decision notice for a worker’s claim, the insurer or self-insurer must give a liability decision notice for the claim as soon as practicable and in any event before the day prescribed by the regulations for the purposes of this section (the deemed liability acceptance day ).

        Note for this subsection:

                The employer is also required to make provisional payments if a liability decision notice has not been given before the day prescribed under section 36 as the provisional payments day.

        (2)         An insurer or self-insurer who fails to give a liability decision notice before the deemed liability acceptance day commits an offence.

        Penalty for this subsection: a fine of $5 000.

        (3)         If a liability decision notice has not been given before the deemed liability acceptance day —

            (a)         the insurer or self-insurer is taken to have accepted that the employer is liable to compensate the worker for the injury to which the claim relates; and

            (b)         in the case of an incapacity claim — the insurer or self-insurer is taken to have accepted that the employer is liable to pay income compensation for incapacity for work.

        Note for this subsection:

                The employer’s obligation to pay income compensation to the worker arises when the insurer or self-insurer is taken to have accepted liability to compensate the worker and the compensation for which the employer is liable includes income compensation. See section 47.