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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 84
Recovery of weekly payments by worker where notice not given by insurer
(1) If an insurer discontinues payment to a worker of weekly payments of
compensation, or reduces the amount of the compensation, in contravention of
this Subdivision, the worker may recover from the insurer an amount of
compensation in accordance with this section.
(2) This section applies
whether or not the insurer has been prosecuted for an offence under this
Division involving the contravention.
(3) The amount of compensation that may
be recovered as a result of a failure to give the required period of notice
is-- (a) if no period of notice has been given--an amount that is equal to the
amount of compensation, or additional compensation, that would have been
payable during the required period of notice if payment of the compensation
had not been discontinued or if the amount of compensation had not been
reduced, or
(b) if less than the required period of notice has been given--an
amount that is equal to the amount of compensation that would have been
payable during the balance of the required period of notice if payment of the
compensation had not been discontinued or if the amount of the compensation
had not been reduced.
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