Western Australian Numbered Acts Western Australian Numbered Acts (1) WorkCover WA, an
employer or an insurer may apply to an arbitrator for an order for the refund
of an erroneous payment of compensation made by WorkCover WA, the employer or
the insurer.
(2) A payment of
compensation is erroneous if the recipient of the payment was not lawfully
entitled to the payment or to any part of the amount of the payment.
(3) An arbitrator
dealing with the application may make any order for the refund of the whole or
part of an erroneous payment of compensation that the arbitrator considers
appropriate.
(4) Instead of making
an order for a refund, the arbitrator may order any person who the arbitrator
determines was liable for the whole or any part of the compensation to
reimburse the person who paid the compensation.
(5) If the payment of
compensation was in accordance with an order of an arbitrator, the arbitrator
dealing with the application may make an order for a refund only if satisfied
that the claim for the payment was fraudulent or made without proper
justification.