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ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 61

Actions for damages—amendment of section 135A

    (1)     In section 135A(18)(a) of the Accident Compensation Act 1985 , for "make payments under section 93A, 93B, 93C, 93CA, 93CB, 93CC, 93CD, 93E or 93EA" substitute "pay weekly payments".

    (2)     After section 135A(18) of the Accident Compensation Act 1985 insert

    "(18AA)     If judgment is obtained, or a compromise or a settlement is made, in respect of proceedings referred to in subsection (1) and the worker was, at the date of the judgment, compromise or settlement, still in receipt of compensation in the form of weekly payments, where pecuniary loss damages are awarded against the Authority, employer or self-insurer, the Authority, employer or self-insurer must, until the date on which a cheque is drawn for the purpose of payment of the judgment, compromise or settlement, pay to the worker a weekly amount equal to the net weekly amount that, but for subsection (18), would have been payable to the worker as compensation in the form of weekly payments in respect of the injury.

    (18AB)     Subsection (18AA) applies only in respect of proceedings referred to in subsection (1) against a sole defendant where that sole defendant was the worker's employer at the date of the injury the subject of the proceedings.

    (18AC)     An amount paid in accordance with subsection (18AA) is, to the extent of the payment, part satisfaction of the liability in respect of the judgment, settlement or compromise.".



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