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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 235B
Remedy available where claim fraudulent
235B Remedy available where claim fraudulent
(1) This section applies to a claimant or insurer if it is established that,
for the purpose of obtaining a financial advantage, the claimant or insurer
did or omitted to do anything (including the making of a statement) concerning
an injury or any claim relating to an injury with knowledge that the doing of
the thing or the omission to do the thing was false or misleading.
(2) If
this section applies to a claimant-- (a) a person who has a liability in
respect of a payment, settlement, compromise or judgment relating to the claim
is relieved from that liability to the extent of the financial advantage so
obtained by the claimant, and
(b) a person who has paid an amount to the
claimant in connection with the claim (whether under a settlement, compromise
or judgment, or otherwise) is entitled to recover from the claimant the amount
of the financial advantage so obtained by the claimant and any costs incurred
in connection with the claim.
(3) If this section applies to an insurer, the
claimant is entitled to recover from the insurer as a debt the amount of the
financial advantage so obtained by the insurer and any costs incurred by the
claimant in connection with the claim.
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