12—Insertion of section 32A
After section 32 insert:
32A—Special provisions for payment of medical expenses after initial
notification of disability
(1) A worker may, by
application made to the Corporation in the designated manner and the
designated form, apply to the Corporation for the payment of costs within the
ambit of section 32 before the determination of a claim under Division 8.
(2) The Corporation
may, in connection with an application under subsection (1), require a
worker to provide information specified by the Corporation.
(3) The Corporation
may, on application under subsection (1), determine that it is reasonable
to accept provisional liability for the payment of compensation under
section 32 and make a payment under this section.
(4) The maximum amount
payable under this section with respect to a particular disability is
$5 000 (indexed).
(5) The acceptance of
provisional liability under this section does not constitute an admission of
liability under this Act or independently of this Act.
(6) A payment under
this section with respect to a particular cost discharges any liability that
the Corporation may have with respect to that cost under section 32.
(7) The Corporation
may determine not to make a payment under this section despite the fact that
the Corporation has previously made 1 or more payments with respect to the
same disability under this section.
(8) Subject to
subsection (9), if the Corporation makes 1 or more payments under this
section and it is subsequently determined that the worker was not entitled to
compensation under this Act, the Corporation may, subject to and in accordance
with the regulations—
recover the amount or amounts paid as a debt; or
the amount off against a right to payment of compensation under this Act.
(9) A right of
recovery or set off under subsection (8) only arises if the worker has
acted dishonestly in making an application or providing information for the
purposes of this or any other section of this Act.
(10) The following
decisions are not reviewable:
decision to accept or not to accept liability under this section;
decision to make or not to make a payment under this section;
decision to exercise or not to exercise a right of recovery under this