Workers’ Compensation and Rehabilitation Act 2003

This section applies if—

the worker accepted treatment, care and support damages awarded for the worker’s injury within the acceptance period; and

the period, of at least 5 years, prescribed by regulation has passed since the worker accepted the awarded treatment, care and support damages; and

the worker considers the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the injury.

The worker may apply to the insurer for treatment, care and support payments for the injury.

The insurer may accept liability to make treatment, care and support payments to the worker if the insurer is satisfied the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury.

In deciding whether to accept liability to make treatment, care and support payments to the worker, the insurer must have regard to the matters prescribed by regulation.

The insurer must decide to accept or not accept liability to make treatment, care and support payments to the worker within 20 business days after the application is made.

The insurer must give the worker written notice of the insurer’s decision.

In this section, a reference to the amount of awarded treatment, care and support damages includes the amount of treatment, care and support payments paid under section 232ZC(2) until the damages were accepted by the worker.

If the insurer accepts liability to make treatment, care and support payments for the worker’s injury under this section—

the worker is entitled to treatment, care and support payments for treatment, care or support resulting from the injury provided during the period—

starting on the day the insurer decides to accept the liability; and

ending when the first of the following happens—

the worker dies;

the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and

parts 3 and 6 apply to the worker’s entitlement to treatment, care and support payments, and for that purpose—

the worker is an eligible worker; and

the worker’s eligibility period is the period mentioned in paragraph (a).