(1) In
section 174(1) delete “shall” and insert:
is, subject to
subsection (5AA), to
(2) In
section 174(1AA) —
(a)
before paragraph (d) insert:
(da) the
damages awarded or agreed are, or include, insurable damages; and
(b) in
paragraph (d) after “to pay” insert:
the insurable
(c) in
paragraph (d) after “claim for” insert:
insurable
(d)
delete “subject to section 174AAA, WorkCover WA is” and
insert:
Workcover WA is,
subject to subsection (5AA) and section 174AAA,
(e)
after “the amount required to satisfy the judgment or agreement”
insert:
to the extent that the
judgment or agreement provides for the payment of insurable damages,
(3) After
section 174(5) insert:
(5AA) Where WorkCover
WA is to make a payment under subsection (1) or (1AA) to a worker in
respect of an injury —
(a) the
amount of that payment is to be reduced by any amount of compensation payable
to the worker by any employer in respect of the injury; and
(b) the
employer paying that compensation has no right under section 92 or 93 to
recovery of, or indemnity for, the compensation from the worker.
(5AB) Nothing in this
section requires WorkCover WA to make any payment to the employer of a worker
or to any person who is deemed by section 175(1) to be the employer of a
worker.
(4) In
section 174(9) delete “or to pay damages to a worker in respect of
a compensable injury,”.