Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 182ZK

182ZK .         Recovery of payments made under s. 182K direction

                If an arbitrator determines under Division 4 that a person was not liable to pay compensation by way of the weekly payments or statutory expenses that have been paid in accordance with a direction of the conciliation officer under section 182K(2) or (4), the following provisions apply —

            (a)         the worker or other person who received that compensation is not required to refund the compensation unless the arbitrator otherwise orders under paragraph (b);

            (b)         if the arbitrator is satisfied that the claim for compensation was wholly or partly fraudulent or made without proper justification, the arbitrator may order the worker or other person concerned to refund the whole or a specified part of the compensation;

            (c)         the arbitrator may (instead of making an order for a refund) order any other person whom the arbitrator determines was liable for the whole or any part of the compensation to reimburse the person who paid the compensation;

            (d)         the compensation is to be excluded from any determinations of the claims experience of the employer for the purposes of calculating the premium payable by the employer for a policy of insurance.

        [Section 182ZK inserted: No. 31 of 2011 s. 6.]



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