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Workers Compensation Regulation 2010
Repealed version for 30 June 2016 to 31 August 2016 (accessed 23 September 2017 at 04:42)
107   Deemed offer where insurer denies liability and no mediation occurs or mediation fails
(1)  If:
(a)  the insurer wholly denies liability, and
(b)  no mediation occurs, and
(c)  the claimant obtains an order or judgment on the claim,
costs are to be awarded in accordance with this Subdivision as if:
(d)  the insurer had made a final offer of settlement at mediation of $0, and
(e)  the claimant had made a final offer of settlement at mediation of:
(i)  in the case where the Commission 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
(ii)  in any other case—the amount of damages specified in the pre-filing statement served under section 315 of the 1998 Act.
(2)  If:
(a)  the insurer wholly denies liability, and
(b)  the matter is referred to mediation, but the matter is not resolved by settlement at the mediation, and
(c)  the claimant obtains an order or judgment on the claim,
costs are to be awarded in accordance with this Subdivision as if:
(d)  the insurer had made a final offer of settlement at mediation of $0, and
(e)  the claimant had made a final offer of settlement at mediation of:
(i)  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
(ii)  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 Workers Compensation 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 104 and this clause.