First, the applicant is entitled to “compensation”. Compensation is defined in
s4 to mean payment of $200 per week during any period of incapacity.
Second, the applicant is entitled to “payment of medical expenses”. The term
“medical expenses” is defined in s4 by four elements:
(1)
There are fees.
(2)
The fees are paid or payable.
(3)
The fees are paid or payable to any of the following – (a) a doctor, (b) a
dentist, (c) a nurse or (d) a pharmacist.
(4)
The fees are paid or payable as a result of the injury.
Establishment Provisions
Section 6 establishes or creates the Workers Compensation Tribunal. Section
4 authorises an abbreviation in providing that “Tribunal” means the Workers
Compensation Tribunal.
Jurisdiction
Section 13 vests jurisdiction in the “Tribunal” to hear an application for
compensation made under s7.
Procedures
There are several procedural requirements that an applicant must satisfy to
institute proceedings:
(1)
Form. The application must be in a specified form.
(2)
Filing. The application must be filed.
(3)
Time Limits. The application must be made within specified time.
(4)
Service. The application must be served.
Form of the Application
Section 8 (1) and (3) provide that an application for compensation must state
the following:
(1)
The name of the employee.
(2)
The name of the employer.
(3)
The nature of the injury.
(4)
The cause of the injury. Section 4 provides that the “cause of the injury”
has two components:
(a)
The thing that came into contact with the employee.
(b)
The reason that it came into contact with the employee.
(5)
A reference to the place where the accident occurred.
(6)
A comprehensive medical certificate from a doctor.
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