Tasmanian workers’ compensation: managing late medical certificates
A late medical certificate can create uncertainty for employers managing a workers’ compensation claim, particularly when weekly payments have already been paused. For Tasmanian employers, the Full Court’s decision in State of Tasmania v Pearson [2026] TASFC 11 explains why a further certificate needs careful review when it arrives, including where the employer intends to dispute liability.
What the Pearson decision means for employers
The Full Court dismissed the employer’s appeal on 6 August 2026, confirming that a delay of more than 14 days in providing a further medical certificate did not remove the obligation to make weekly payments for the incapacity subsequently certified. The Tasmanian Law Library’s official summary of the decision records that this obligation can include a retrospectively certified period, even where the employer elects to treat the later certificate as a new claim under section 69(13).
The distinction between the certificate’s receipt date and the dates it covers is important when reviewing a claim. Section 69(13) of the Workers Rehabilitation and Compensation Act 1988 (Tas) concerns a further certificate provided more than 14 days after the previous certified period expires, so a certificate received late may still cover the intervening period of incapacity.
Understanding the payment position during a dispute
Section 69(13) allows an employer to treat the further certificate as a claim to which the dispute process in section 81A applies. An employer exercising that option still needs to meet the payment obligations that apply while following the statutory process for disputing the claim, with the payment position assessed against the Act and any applicable Tribunal determination.
This requires care because the Tribunal can make a determination affecting payment before the underlying liability dispute is finally resolved. Before withholding or changing weekly payments, employers should obtain advice from their insurer or legal adviser about the particular claim, the effect of the latest certificate and any determination already in place.
Keeping certificate records useful for payroll
A clear certificate record helps the people managing the claim understand what has been received and what action may be required. It should capture the expiry of the previous certified period, the date a further certificate reaches the employer and the period of incapacity that the new certificate covers, with the supporting documents available to the people responsible for the decision.
Agreeing who follows up an approaching expiry date can reduce avoidable delays and give employees a clear contact for questions about their documentation. When a certificate arrives after payments have been paused, the responsible person should review whether it covers an unpaid period and obtain the advice needed to give payroll clear instructions.
Documenting advice and reviewing existing claims
The claim file should allow someone reviewing it later to understand the advice received and the basis for any payment change. Keeping relevant correspondence and Tribunal determinations with the certificates helps claims managers and payroll staff follow the same information, particularly when responsibility moves between people or teams.
Employers with existing claims involving late certificates or withheld payments should review those arrangements with their insurer or legal adviser. That review can establish whether the current payment position is supported and whether an earlier period needs attention, while any changes to the claims process can be documented for the people who will apply them.
Support with workers’ compensation administration
The BelRose Group supports employers with complex workers’ compensation case management, including insurer liaison and return-to-work planning. If your organisation needs help coordinating an existing claim or improving how information reaches the people managing it, contact our team to discuss the circumstances and the support required.
Adapted from The BelRose Group’s October 2026 newsletter, with the official decision summary and Tasmanian legislation checked on 18 October 2026.
This article discusses Tasmanian legislation and provides general information only; employers should obtain advice tailored to the individual claim and the relevant jurisdiction before making decisions about compensation payments.