Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 4 · Compensation Process
58. Appeal to General Division of High Court
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Subject to subsection (5), any person aggrieved by an order of compensation (called in this section the order appealed against) may appeal to the General Division of the High Court if —
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);
the appeal involves a substantial question of law; and (b)the order is for refusal of compensation or for payment of compensation of an amount of compensation of $1,000 or more.
The procedure governing an appeal to the General Division of the High Court under subsection (1) is as provided for in the Rules of Court.
The decision of the General Division of the High Court in an appeal under subsection (1) is final.
Despite any appeal under subsection (1) —
the employer or the employer’s insurer, if directed under section 21(1) to deposit with the Commissioner the amount of compensation stated in the order appealed against, must do so; and (b)the deposit is to be held by the Commissioner pending the outcome of the appeal.
No appeal under this section lies against the following orders:
a notice of computation that, under section 44(5), has the effect of an order of compensation;
a notice of assessment that, under section 48(3), has the effect of an order of compensation;
an order made under section 51(2)(a) to give effect to a settlement agreement that has not been set aside under section 51(3).