Victorian Current Acts

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WORKERS COMPENSATION ACT 1958 - SECT 14

From which employer compensation recoverable

The compensation shall be recoverable from the employer who last employed the worker prior to the date of disablement in the employment to the nature of which the disease was due, and notice of the death or disablement shall be given to that employer and may be so given notwithstanding that the worker has voluntarily left his employment:

Provided that—

        (a)     the worker or his dependants if so required shall furnish that employer with such information as to the names and addresses of all the other employers who employed him in the employment prior to the date of disablement as he or they may possess, and if such information is not furnished or is not sufficient to enable that employer to take proceedings under the next following proviso that employer upon proving that the disease was not contracted whilst the worker was in his employment shall not be liable to pay compensation;

S. 14(b) Proviso amended by Nos 10191 s. 270(14)(b), 67/1992 s. 64(11)(a).

        (b)     if that employer alleges that the disease was in fact contracted whilst the worker was in the employment of some other employer and not whilst in his employment he may join such other employer as a party to the proceedings before the County Court or Administrative Appeals Tribunal and if the allegation is proved that other employer shall be the employer from whom the compensation is to be recoverable; and

S. 14(c) Proviso amended by Nos 10191 s. 270(14)(b), 67/1992 s. 64(11)(a).

        (c)     if the disease is of such a nature as to be contracted by a gradual process any other employers who prior to the date of disablement employed the worker in the employment to the nature of which the disease was due shall be liable to make to the employer from whom compensation is recoverable such contributions as in default of agreement may be determined by the County Court or Administrative Appeals Tribunal in proceedings for settling the amount of the compensation.

Nos 5601 s. 15, 5676 s. 4(2)(f).



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