Australian Capital Territory Current Acts

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WORKERS COMPENSATION ACT 1951 - SECT 27

Compensation for death or incapacity through disease

    (1)     If—

        (a)     a worker contracts a disease or suffers an aggravation, acceleration or recurrence of a disease; and

        (b)     any employment of the worker by his or her employer was a substantial contributing factor to the contraction of the disease or the aggravation, acceleration or recurrence whether or not the disease was contracted or the aggravation, acceleration or recurrence was suffered in the course of that employment;

subsections (2) to (5) have effect.

    (2)     If the worker dies or is totally or partially incapacitated for work as a result of the disease, or the worker received medical treatment in relation to the disease, then, for this Act, unless the contrary intention appears—

        (a)     the contraction of the disease, or the aggravation, acceleration or recurrence of the disease is a personal injury to the worker arising out of the employment of the worker by the worker's employer; and

        (b)     the date of the injury is the earliest of the following:

              (i)     the date of the death;

              (ii)     the date of the start of the incapacity;

              (iii)     the date when the medical treatment was first received.

    (3)     If a liability of an employer in relation to a disease of a worker arises under this section, any other employer who, before that liability so arising, employed the worker in any employment that caused or contributed to the disease is, subject to subsection (4), liable to pay to the employer from whom compensation is recoverable the contribution that is, in default of agreement, settled by arbitration.

    (4)     An employer is not liable under subsection (2) or (3) in relation to a disease if the worker, at the time of entering the employment of that employer, made a wilful and false representation that the worker did not suffer, or had not previously suffered, from that disease.

    (5)     A claimant for compensation under this section in relation to a worker's disease must, if so required, give the employer who is liable to pay compensation to the claimant with the information about the names and addresses of the worker's other employers that the claimant possesses.



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