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SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 - SECT 73

Time limit for determining claims relating to incapacity for work, loss of or damage to property or cost of medical treatment

  (1)   This section applies to a claim for compensation relating to:

  (a)   an injury resulting in an employee being incapacitated for work; or

  (b)   the loss of, or damage to, property used by an employee; or

  (c)   the cost of medical treatment for an injury suffered by an employee.

  (2)   The employee's employer must determine its liability in relation to the claim by the latest of the following times:

  (a)   the end of the period of 12 days after the day on which the employer receives the claim;

  (b)   if the employer, by notice under section   67 given to the claimant within the period referred to in paragraph   (a), requests the claimant to give information or a document or a copy of a document, or an authority to obtain information or a document or a copy of a document--the end of the period of 12 days after the employer receives the information, the document or copy of the document or the authority, as the case may be;

  (c)   if, at the written request of the employer, the Authority, by written notice served on the employer, allows a further period or further periods for the determination of the liability--the end of that period or those periods, as the case may be.

  (3)   A request under paragraph   (2)(c) must state fully and in detail the circumstances concerning, and the reasons for, the employer's request for the Authority to allow a longer period.

  (4)   A notice under paragraph   (2)(c) does not have any effect unless it is served on the employer before the end of the period by which, apart from the notice, the employer would be required to determine the liability (including any period previously allowed under that paragraph).

  (5)   If the claim is for compensation relating to an injury resulting in the employee being incapacitated for work, compensation is payable in respect of the claim for the incapacity from and including the day on which liability arose under section   31.

  (6)   If the employer has not determined the claim by the end of the period allowed by this section, the employer is taken to have made a decision, at the end of that period, disallowing the claim.



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