Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 204

Written statement of injuries

    (1)     If an independent examination has been requested by the Authority or a self-insurer under section 199(1), the Authority or self-insurer must give the worker—

        (a)     a written statement of the injury or injuries to be included in the assessments; and

        (b)     a statement of rights in a form approved by the Authority for the purposes of this Division.

    (2)     A worker must, within 60 days of receiving a written statement under subsection (1)—

        (a)     make a Division 5 claim in respect of any additional injuries that the worker believes have arisen out of the same event or circumstance; or

        (b)     advise the Authority or self-insurer that he or she disputes the statement; or

        (c)     advise the Authority or self-insurer that he or she accepts the written statement of the injury or injuries.

    (3)     If, after receiving a written statement under subsection (1) the worker makes a claim for compensation under Division 5 in respect of any additional injuries that the worker believes have arisen out of the same event or circumstance—

        (a)     the claim by the worker and the claim initiated by the Authority or self-insurer are to be considered as one consolidated claim; and

        (b)     the consolidated claim is to be dealt with in accordance with section 201.

S. 204(4) amended by No. 73/2016 s. 21(2)(3), substituted by No. 15/2021 s. 8.

    (4)     If the worker advises the Authority or self‑insurer that the worker disputes the written statement under subsection (1), the worker must not commence a proceeding in relation to the claim, except as provided in section 273(1) or (2).

    (5)     If the worker does not make a claim or dispute the statement within the period specified under subsection (2), the injury or injuries specified in the written statement are deemed to be the only injury or injuries arising from the same event or circumstance which are to be included in the determination of impairment to be dealt with in accordance with section 201.



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