• deliver to the worker a written notice stating that the claim is disputed and the reasons why
• make application to the Tribunal
• provide the Tribunal with all written material including medical reports and witness statements which it intends to rely upon at the hearing of its application.  The Tribunal will send copies of this information to the worker.

When the Tribunal receives an 81A referral it will be set down for hearing by a commissioner.  

This is a preliminary step only and its purpose is to decide whether the employer has a reasonably arguable basis for disputing the claim.  It is not to decide whether a worker is entitled to compensation. 

If the Tribunal determines that a 'reasonably arguable case' exists it will make an order allowing the employer to cease payments. 

This does not mean that the matter is at an end and a worker who wants to take the matter further should make a referral under section 42.

This process is designed to safe-guard workers by preventing an employer from refusing to pay compensation without satisfying the Tribunal that they arguably have a proper basis for doing so.     
 
The employer must continue to make weekly payments of compensation until the Tribunal makes a 'reasonably arguable case' determination, so long as the worker continues to provide medical certificates showing an uninterrupted incapacity for work. 

Questions often asked by workers

What do I need to take to a hearing?

No extra information is needed for this hearing.  However, if you have any information that will help the employer or insurer to reconsider their decision to dispute the claim you should provide it to the employer or its insurer, either before or at the hearing.

Do I need a lawyer?

Legal representation is not necessary at these hearings, but you can have a lawyer, union representative or other person present to assist. 

What if I agree that the employer does have a proper basis for dispute?

You can consent to a "reasonably arguable case" at any time.  This must be done in writing and you should contact the employer or their insurer who will arrange the necessary paperwork.  The Tribunal will then make an order without the need for a hearing. 

This concession does not stop you from applying to the Tribunal under Section 42 of the Act to have the claim resolved by the Tribunal.

What happens if a person does not attend?

The hearing will proceed, orders will be made and a written account of the proceedings and order made by the Tribunal will be sent to all parties.

Can I talk to someone about the Tribunal proceedings?

Yes.  On the Tribunal's Notice of Hearing will be the name of a contact person and a telephone number.  Contact that person if you have any queries concerning your claim or the Tribunal process.