Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 4 · Compensation Process
48. Assessment or reassessment by Commissioner
Feedback & supportWhere the Commissioner processes a claim, the Commissioner must serve a notice of assessment on the employer, the employer’s insurer (if any) and the claimant, stating —
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
the amount of compensation payable in respect of the claim, computed in accordance with the First Schedule; or
that compensation is refused, if the Commissioner is of the view that —
the accident to which the claim relates did not arise out of or in the course of the claimant’s employment with the employer; or
the claimant was not an employee within the meaning of this Act.
Regulations made under section 82 may prescribe the circumstances in which the Commissioner need not serve a notice of assessment under subsection (1).
Subject to section 49(5), a notice of assessment under subsection (1) that is served on the persons mentioned in that subsection is deemed to have been agreed upon by the persons served, and has the effect of an order of compensation —
order of compensation
“order of compensation” means any of the following orders:(a)a notice of computation that, under section 44(5), has the effect of an order of compensation;(b)a notice of assessment that, under section 48(3), has the effect of an order of compensation;(c)an order made under section 51(2)(a) to give effect to a settlement agreement;(d)an order of refusal of compensation made at a pre‑hearing conference under section 52(d);(e)an order of compensation or refusal of compensation made under section 54(1)(c);
where no notice of objection under section 49 is received by the Commissioner within a period of 14 days after the date of service of the notice of assessment — on the 15th day after the date of service of the notice of assessment; or
where all notices of objection so received by the Commissioner are withdrawn within a period of 28 days after the date of service of the notice of assessment — on the 29th day after the date of service of the notice of assessment.
In any case of incapacity or death arising from an occupational disease, the Commissioner may reassess the compensation under section 10 at any time within 3 years after the date of the notice of computation or the notice of assessment in respect of the occupational disease, if the Commissioner is satisfied that —
occupational disease
“occupational disease” means any condition specified in the first column of the Second Schedule;
there has been an aggravation of the result of the occupational disease after the date of the notice of computation or notice of assessment; and
the amount of compensation originally computed or assessed is substantially inadequate.
The Commissioner must, where a reassessment under subsection (4) has been made, issue a notice of assessment of additional compensation payable by the employer and serve the notice on the persons mentioned in subsection (1).
employer
“employer” means any person (A) who employs an individual (B) under a contract of service and includes —(a)the Government, if B belongs to a class or description of employees of the Government declared to be employees for the purposes of this Act under paragraph (a) of the definition of “employee”;(b)the legal personal representative of A, if A is deceased;(c)a duly authorised agent or manager of A;(d)the person who owns or is carrying on, or for the time being is responsible for the management of, the profession, business, trade or work in which B is engaged; and(e)where B is employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club.
Unless otherwise prescribed, this section and section 49 apply to a notice of assessment of additional compensation under subsection (5) as they apply to a notice of assessment under subsection (1).