Generally, we aim to resolve your dispute through one of the following processes:
We appoint independent medical specialists, ie Approved Medical Specialist, to disputes regarding the degree of permanent impairment.
An Approved Medical Specialist will issue a Medical Assessment Certificate following the medical assessment.
The Medical Assessment Certificate is binding on the parties in some cases. Refer appeals for more information.
We appoint independent decision makers, called Arbitrators, to disputes which require resolution or determination by the Commission.
Arbitrators are trained to conduct Commission proceedings in a way that is fair to all parties. At every stage of the process, Arbitrators encourage and assist parties to resolve their dispute. However if parties fail to resolve their dispute, the Arbitrator will determine the dispute.
If your dispute is referred to an Arbitrator, it will be resolved through the following process:
By Medical Assessment
In permanent impairment disputes a Medical Assessment Certificate from an Approved Medical Specialist will be issued. The assessment by an approved medical specialist is binding on the parties.
At a telephone conference
During the telephone conference, parties try to reach an agreement with the help of the arbitrator.
By Determination on the papers
If the dispute does not resolve at the telephone conference and the arbitrator is satisfied that the matter can be determined without a face-to-face hearing, he or she will determine the matter on the basis of the documents lodged.
By Conciliation Conference / Arbitration Hearing
If the dispute does not resolve at the telephone conference, a conciliation conference/arbitration hearing may be arranged.
During the face-to-face conciliation conference, the arbitrator tries to help the parties reach an agreed settlement.
If the matter is not settled as a result of the conciliation conference, the arbitrator will move ahead on the same day to determine the dispute by arbitration. The arbitrator will make a legally binding decision.
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