Deemed offer where insurer denies liability and no mediation occurs or mediation fails
97 Deemed offer where insurer denies liability and no mediation occurs or mediation fails
If—
the insurer wholly denies liability, and
no mediation occurs, and
the claimant obtains an order or judgment on the claim,
costs are to be awarded in accordance with this Subdivision as if—
the insurer had made a final offer of settlement at mediation of $0, and
the claimant had made a final offer of settlement at mediation of—
in the case where the President issued a certificate verifying the matters referred to in paragraphs (a) and (b) and the claimant, within one month of the issue of that certificate, made a subsequent offer of settlement to the insurer—the amount of damages specified in that subsequent offer of settlement, or
in any other case—the amount of damages specified in the pre-filing statement served under section 315 of the 1998 Act.
If—
the insurer wholly denies liability, and
the matter is referred to mediation, but the matter is not resolved by settlement at the mediation, and
the claimant obtains an order or judgment on the claim,
costs are to be awarded in accordance with this Subdivision as if—
the insurer had made a final offer of settlement at mediation of $0, and
the claimant had made a final offer of settlement at mediation of—
in the case where the claimant, within one month of the conclusion of that mediation, made a subsequent offer of settlement to the insurer—the amount of damages specified in that subsequent offer of settlement, or
in any other case—the amount of the claimant’s final offer of settlement in mediation under the 1998 Act as certified by the mediator under section 318B of the 1998 Act.
Note.
Persons claiming work injury damages who wish to be awarded costs on a party and party basis should apply to the Commission for the mediation of the dispute before the matter goes to court. The availability of costs on a party and party basis is subject to the provisions of clause 94 and this clause.
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