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What to do about a Section 61 Notice?

Once weekly payments of comp have started, it is difficult for an insurer or employer to stop making those payments, unless you agree.

A Section 61 Notice is one way of getting a worker off payments, without the worker actually agreeing.

If you have just received one of these notices, your employer or employers insurer is trying to stop paying you your comp payments. If you do nothing about the notice, your payments will stop 21 days after you get the notice (but you still have your other entitlements). In other words if you do nothing you are taken to have “agreed” that your payments be discontinued.

If you don’t agree that your comp payments should stop, read on!

First Step

You must make a Conciliation Application (Form 100) to WorkCover WA within those 21 Days. Sometimes the 21 day period can be extended, but don’t count on it.

Second Step

Once you have put the Conciliation Application in, WorkCover WA will let you know when your first Conciliation Conference is to be held.

Third Step

You will need to work out how to challenge the Section 61 notice. This will depend upon your reasons for disputing the Section 61 notice. You may, for example, believe that you are not fully recovered from your injuries to the extent that you can return to work.

The Bottom Line

From here it gets tricky depending upon the medical evidence that came with the Section 61 Notice. Even though you can do the application yourself, we believe you shouldn’t. If you don’t know the system, then the playing field isn’t level. We recommend that you get legal advice as soon as possible after the Section 61 Notice arrives (from us, of course!). It can be difficult and expensive (but not impossible) to get back on payments, once they have been stopped. Phone our Helpline on (08) 9244 2666 and find out what to do.

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