Legal disputes pathway
Most disputes lodged are resolved through the legal disputes pathway.
The types of disputes that go through this pathway are about entitlements to weekly compensation, medical and related expenses compensation, lump sum compensation for permanent impairment and payments in respect of the death of a worker.
The issues to resolve in a dispute could include: whether an injury has occurred; whether the injury happened at work; whether work was a substantial contributing factor to the injury; whether medical treatment is reasonably necessary; whether the injured person was a worker; which body parts were injured; and the amount of compensation payable.
The pathway begins with the use of informal dispute resolution techniques to try to resolve the dispute by agreement between the parties. Initially, this is done with the parties and their representatives attending a teleconference. If necessary, the parties may also be required to attend in person at a conciliation conference.
If the dispute is not resolved at the teleconference or the face-to-face conciliation conference, it will progress to a formal arbitration hearing where the Commission will decide the dispute.