(a) within 1 month
after the degree of permanent impairment first becomes fully ascertainable, as
agreed by the parties or as determined by a medical assessor, or
(b) within 2
months after the claimant has provided to the insurer all relevant particulars
about the claim,
whichever is the later.
Note : Section 283 makes failure to
comply with this section an offence. Section 78 requires notice of a dispute
to be given. If an offer of settlement is not made as required by this
section, the claim can be referred for assessment as soon as the time for
making the offer has expired.
(2A) The determination of a claim cannot be
delayed beyond 2 months after the claimant has provided to the insurer all
relevant particulars about the claim (that delay being on the basis that the
degree of permanent impairment of the injured worker resulting from the injury
is not fully ascertainable), unless the insurer has within that 2-month period
notified the claimant that the degree of permanent impairment of the injured
worker resulting from the injury is not fully ascertainable.
(2B) When the
person on whom a claim is made accepts or disputes liability, the person must
notify the claimant as to whether or not the person accepts that the degree of
permanent impairment of the injured worker resulting from the injury is
sufficient for an award of damages.
(3) An offer of settlement is to specify
an amount of compensation or damages or a manner of determining an amount of
compensation or damages.
(4) If an offer of settlement is made on the basis
that the insurer accepts only partial liability for the claim, the offer is to
include details sufficient to ascertain the extent to which liability is
accepted.
(5) An employer is not required to determine a claim as provided by
this section if--
(a) the employer has duly forwarded the claim to an insurer
who the employer believes is liable to indemnify the employer in respect of
the claim, and
(b) the employer has complied with all reasonable requests of
the insurer with respect to the claim.
Note : A claim forwarded to the
insurer is taken to have been made on the insurer.