Western Australian Current Acts

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 58

58 .         Liability for weekly payments, arbitrator may determine

        (1)         Where, in the circumstances mentioned in section 57A(1) —

            (a)         a period of 19 days has elapsed since those circumstances arose and the worker has not received the first of the weekly payments claimed; or

            (b)         whether or not the period mentioned in paragraph (a) has elapsed, notification has been given by the insurer —

                  (i)         under section 57A(3)(b) or 57A(3a)(b), that liability is disputed; or

                  (ii)         under section 57A(3)(c), that a decision as to liability is not able to be made within the time allowed,

                an arbitrator may, on the application of the worker hear and determine the question of liability to make the weekly payments claimed.

        (2)         Where in the circumstances mentioned in section 57B(1) —

            (a)         a period of 17 days has elapsed since those circumstances arose and the worker has not received the first of the weekly payments claimed; or

            (b)         whether or not the period mentioned in paragraph (a) has elapsed, notification has been given by the employer —

                  (i)         under section 57B(2)(b) or 57B(2a)(b), that liability is disputed; or

                  (ii)         under section 57B(2)(c), that a decision as to liability is not able to be made within the time allowed,

                an arbitrator may, on the application of the worker hear and determine the question of liability to make the weekly payments claimed.

        (2a)         Where under section 57A(3a) or 57B(2a) a claim by a worker is deemed to be disputed, the Director may order the employer to make an application for an arbitrator to hear and determine the question of liability to make the weekly payments claimed.

        (3)         An employer may, in the circumstances mentioned in section 57A(1) or section 57B(1), make application for an arbitrator to hear and determine the question of liability to make the weekly payments claimed, and an arbitrator may hear and determine the matter.

        [(4)         deleted]

        (5)         On a hearing under subsection (1), (2), (2a) or (3) the arbitrator is to satisfy himself as to all the evidence before him and —

            (a)         if the arbitrator considers that the evidence is satisfactory to establish liability to make weekly payments, may —

                  (i)         make an order that weekly payments including arrears to the date of the hearing shall be paid out of moneys standing to the credit of the General Account and that the employer shall forthwith pay to WorkCover WA for the General Account the amount of such payments together with an additional 10% of that amount; or

                  (ii)         make an order as to weekly payments by the employer to the worker on such terms as the arbitrator sees fit;

                or

            (b)         if the arbitrator considers that the evidence is not satisfactory to establish liability to make weekly payments, may dismiss or adjourn the application on such terms as the arbitrator sees fit.

        (6)         The fact that an application has been dismissed under subsection (5) shall not be taken into account by an arbitrator in any other proceedings under this Act.

        [Section 58 inserted: No. 96 of 1990 s. 9; amended: No. 72 of 1992 s. 8; No. 48 of 1993 s. 28(1); No. 49 of 1996 s. 64; No. 42 of 2004 s. 45 and 150; No. 77 of 2006 Sch. 1 cl. 189(9); No. 31 of 2011 s. 92.]