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48 When may application for arbitration be filed?
(1) An injured worker or the worker's employer may file an application for the arbitration of—
(a) a matter in issue arising from the worker's claim for compensation; or
(b) the insurer's rejection of the worker's claim for compensation.
(2) However, if the injured worker and the employer must participate in a conciliation under section 38, the application for arbitration may be filed only if—
(a) the parties have attended the conciliation; and
(b) either—
(i) the matter was not resolved at the conciliation; or
(ii) the conciliator decided that the matter was not suitable for conciliation.