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WORKERS COMPENSATION ACT 1987 - SECT 22A
Further provisions concerning apportionment of liability under section 22
22A Further provisions concerning apportionment of liability under section 22
(1) The apportionment of liability under section 22 is-- (a) in the case of
the apportionment of liability between employers--to be on the basis of the
relative length of the worker's employment with each employer concerned (not
including any period of employment after the last relevant injury was
received), or on such other basis as the Commission considers just and
equitable in the special circumstances of the case, and
(b) in the case of
the apportionment of liability between insurers of the same employer--to be on
the basis of the relative length of the employer's period of insurance with
each insurer concerned during which the worker concerned was employed by the
employer (not including any period of insurance after the last relevant injury
was received), or on such other basis as the Commission considers just and
equitable in the special circumstances of the case.
(3) Liability may be
apportioned under section 22 even if the liability has been discharged.
(4)
When liability to pay compensation is apportioned under section 22 between 2
or more persons, the Commission may order that the compensation is payable to
the worker by one of those persons and that the other persons are to pay (by
way of contribution) their apportioned share of that compensation to that
person.
(5) The person ordered under subsection (4) to pay compensation to
the worker is to be-- (a) in the case of apportionment between employers--the
employer who most recently employed the worker, or such other of the employers
as the Commission considers reasonable in the special circumstances of the
case, and
(b) in the case of apportionment between insurers--the insurer of
the employer at the time of the last injury, or such other of the insurers as
the Commission considers reasonable in the special circumstances of the case.
(6) An order is not to be made under subsection (4) if the parties concerned
have agreed as to the payment by one of them of the compensation concerned.
(7) In this section a reference to an insurer includes a reference to a
self-insurer and a reference to a period of insurance includes a reference to
a period of self-insurance. A liability in respect of a claim under Division 6
of Part 4 is for the purposes of this section taken to be a liability of the
insurer of the employer concerned during the period that is relevant to that
liability.
(8) In a case to which section 22 applies, if all of the insurers
concerned (being either insurers of the same employer or of the different
employers concerned) are insurers within the meaning of Division 4 of Part 7
and the entitlement of the worker (or other claimant) to receive compensation
is not disputed-- (a) the compensation is (despite subsection (5)) payable by
the last insurer or the last employer (as relevant to the case), with no
apportionment of liability under section 22, and
(b) for the purposes of
calculating an insurance premium payable by any of those employers, their
claims histories are to be determined on the assumption that liability had
been apportioned under section 22 (without the need for a determination of, or
agreement as to, that apportionment).
(9) The operation of section 22 is not
to be limited because of the fact that it provides for liability to be
apportioned rather than providing for payment of contributions.
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