Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 72F

72F .         Claims procedure where employer insured

        (1)         This section applies if —

            (a)         a claim is made on an employer in accordance with section 178(1); and

            (b)         the employer is indemnified under a policy of insurance against liability to pay the compensation claimed.

        (2)         Before the expiration of 5 full working days after the claim is made the employer must give the claim to the insurer to be dealt with under and in accordance with the policy of insurance.

        Penalty for this subsection: a fine of $1 000.

        (3)         On receiving the claim the insurer must give a copy of it to WorkCover WA.

        (4)         As soon as is practicable after receiving the claim the insurer must —

            (a)         give the claimant and the employer notice that liability is accepted in respect of the compensation claimed; or

            (b)         give the claimant and the employer notice that liability is disputed in respect of some or all of the compensation claimed; or

            (c)         give the claimant notice that additional information or documents specified in the notice are required in order for a decision to accept or dispute liability for compensation to be made.

        (5)         As soon as is practicable after receiving information or documents required under subsection (4)(c) the insurer must give the claimant and the employer —

            (a)         notice that liability is accepted in respect of the compensation claimed; or

            (b)         notice that liability is disputed in respect of some or all of the compensation claimed.

        (6)         A notice given under subsection (4) or (5) must be in the approved form and the insurer must give a copy of the notice to WorkCover WA.

        [Section 72F inserted: No. 8 of 2018 s. 6.]



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