(1) Compensation under
this Act is not payable in respect of anything to the extent that —
(a)
compensation has been received under the laws of a place other than this
State; or
(b)
judgment has been obtained against the employer independently of this Act.
(2) If a person
receives compensation under this Act and, for the same matter, subsequently
—
(a)
receives compensation under the laws of a place other than this State; or
(b)
obtains judgment against the employer independently of this Act,
the person from whom
compensation under this Act is received may, in a court of competent
jurisdiction, sue and recover from the person the amount described in
subsection (3).
(3) The amount that is
recoverable under subsection (2) is —
(a) the
amount of compensation paid under this Act; or
(b) the
amount of compensation received under the laws of a place other than this
State or for which judgment was obtained independently of this Act,
whichever is less.
[Section 23 inserted: No. 36 of 2004 s. 8.]
[Heading inserted: No. 36 of 2004 s. 9.]