What happens at a PIC damages assessment conference?

The applicant lodges the approved damages assessment application through Pathway and serves the required material. The insurer replies. The Commission allocates the matter and may convene a preliminary conference, identify disputed issues, direct further evidence or submissions and set the assessment arrangements.

The parties are expected to use best endeavours to settle before referral and throughout the process. Settlement discussion does not require a claimant to accept an unexplained offer. The claimant should understand the net effect, recoveries, release and unresolved statutory benefits before agreeing.

If liability, WPI or another threshold issue remains unresolved, the Member may need existing certificates or related determinations. The damages schedule should identify past and future economic loss, any non-economic loss claimed, assumptions and supporting documents.

The Member controls who speaks and the order of issues. The claimant may be asked about the accident, injuries, treatment, work history, current capacity, mitigation and future plans. Lawyers may make submissions and refer to documents. The insurer and its lawyers represent only the insurer.

A conference can include settlement discussion and the Member may test the strengths, weaknesses and assumptions in each case. Questions or an early view are not automatically bias. Answer the question asked, say when you do not know, and use the indexed page number rather than guessing from memory.

An interpreter can be arranged through the Commission for the proceeding. Witness attendance is subject to the process and permission. A support person is not automatically an advocate or witness. Check the listing notice and request access arrangements early.

The matter may settle in full or in part. If it does not, the Member can issue a certificate assessing liability and damages. The reasons and certificate should be read carefully, including how future-loss assumptions, contributory negligence and recoveries were treated.

The Act provides specific consequences and acceptance processes for certain assessments, including the section 7.38 procedure addressed in MA7. The precise next step depends on who accepts the assessment, whether the claim was exempt, and any court right. Do not apply a generic 21-day statement without reading the certificate and current provision.

An assessment is not a guarantee of immediate net payment. Settlement documents, Medicare or Centrelink recovery, costs, interest and administrative steps may remain. Keep the final certificate and obtain a written settlement breakdown.