Dispute Resolution

Disagreements can arise over payments of benefits, delays in treatment and medical expenses, and the causes and reporting of injuries. They could also include disagreements over return-to-work issues, such as the injured worker refusing suitable duties, the employer refusing to offer them duties when asked, or where the treating doctor is reluctant to agree to duties offered.

Section 195 of the Workers Compensation Act 1951 allows for conciliation and arbitration of disputes in accordance with the Workers Compensation Regulation 2002 (the Regulation). The Regulation stipulates that conciliation for a dispute concerning a worker's claim for compensation must be held before arbitration can take place.

Process of conciliation

A worker or a worker's employer can ask a conciliator for help to reach an agreement on matters arising from a worker's claim for compensation. The conciliator then sets a time and place for the conciliation as soon as is practicable and then advises each party involved in the conciliation in writing about the time and place.

At the conference, if any agreement is reached on the dispute, the parties must, with the help of the conciliator, record the agreement in writing. If there is no agreement reached, then the conciliator may recommend further action such as arbitration.

Each party involved in the conciliation must provide written details about the disputed matters to the other parties involved, as well as the conciliator, at least seven days before the meeting. The information provided should include material (medical reports etc) that the originator believes will support their case and help the parties reach an agreement.

If some of the problems with a return-to-work program or other injury management issues involve a dispute over medical claims, an independent medical referee may be asked by the conciliator, with the agreement of all parties, to prepare a report to help the parties reach an agreement. The Minister for Industrial Relations has appointed medical referees for this purpose.

Obligations on parties

If a conciliation meeting has been set up all parties involved in the conciliation, and if needed their representatives, must attend the conciliation. All parties attending the conciliation must make a genuine effort to reach an agreement that allows injury management to continue for the injured worker.

What if conciliation doesn't work?

If parties in dispute over a claim for workers’ compensation have gone through the conciliation process and the issue was not resolved, either of the parties may file an application for arbitration of the matter. Parties, however, should be aware that in taking this step, the insurer is not liable for costs as in the case of conciliation. This could involve heavy costs to any or all parties in the dispute.