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.]