New South Wales Consolidated Acts

WORKERS COMPENSATION ACT 1987 - SECT 22

22 Compensation to be apportioned where more than one injury

(1) If--

(a) the death or incapacity of a worker, or

(b) a permanent impairment suffered by a worker as referred to in Division 4 of Part 3, or

(c) a liability under Division 3 of Part 3 to a worker,

results from more than one injury to the worker, liability to pay compensation under this Act is to be apportioned in such manner as the Commission determines.

(1A) Death, incapacity, loss or liability that results partly from one injury and partly from one or more other injuries is taken to have resulted from more than one injury.

(2) Liability to pay compensation under this Act includes--

(a) the liability of an employer (including an employer who is a self-insurer), and

(b) the liability of an insurer under a policy of insurance in respect of the payment of that compensation (including a direct liability to the worker), and

(c) a liability in respect of a claim under Division 6 of Part 4, and

(d) in the case of a worker who is partially incapacitated for work, a liability that arises because the worker is entitled to be compensated under this Act as if totally incapacitated.

(3) Liability to pay compensation under this Act is not to be apportioned by the Commission if the parties to whom the liability relates have agreed on the apportionment.

(4) Liability to pay compensation under this Act may be apportioned by the Commission even though it is the liability of a single insurer in respect of different periods of insurance, but only if the employer or the Authority applies for such an apportionment.

(5) The Commission may, on the application of any insurer or employer concerned or of the Authority, determine a dispute as to whether--

(a) liability to pay compensation under this Act should be apportioned under this section, or

(b) any such liability should be apportioned under this section in respect of different injuries.

The determination of the Commission has effect despite any agreement on apportionment if the application for determination was made by an employer (in the employer's own right) or the Authority.

(7) A person who is liable to pay compensation under this Act is not entitled in any proceedings under this Act to a reduction in that liability by apportionment on account of the existence of any other person who is also liable to pay any part of that compensation unless that other person is a party to the proceedings.

(8) This section applies to any liability arising before or after the commencement of this Act.