Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 296

296 .         Recovery of money paid in satisfaction of claim

        (1)         WorkCover WA may apply to an arbitrator for an order under this section if WorkCover WA has evidence of —

            (a)         the identity of the employer who was liable to pay the compensation paid by WorkCover WA in satisfaction of a claim under this Division; or

            (b)         the identity of that employer and the identity of the insurer who is liable to indemnify the employer against the liability to pay that compensation.

        (2)         An arbitrator may make the following orders —

            (a)         an order that the employer was liable to pay compensation paid by WorkCover WA in satisfaction of a claim under this Division;

            (b)         an order that the insurer is liable to indemnify the employer against the employer’s liability to pay that compensation;

            (c)         an order that the amount of the compensation be refunded to WorkCover WA by the employer or the insurer.

        (3)         An amount refunded to WorkCover pursuant to an order under this section must be paid into the DI Fund.