Western Australian Numbered Acts Western Australian Numbered Acts (1) Except as provided
in subsection (8), this section applies when —
(a) a
worker makes a claim under section 25 for compensation from the employer
who last employed the worker in employment in which the worker claims the
worker’s injury was suffered (the last employer ); and
(b) the
last employer’s insurer or the self-insurer gives the worker a liability
decision notice under section 28 or 29 accepting that the employer
is or may be liable to compensate the worker for the injury to which the claim
relates but indicating there are 1 or more liability questions in relation to
the acceptance.
(2) A liability
question is a question as to any of the following —
(a)
whether another employer (a relevant employer ) is wholly or partly liable to
compensate the worker because the injury is or may be from employment during a
period with another employer or more than 1 other employer;
(b) how
the liability to compensate the worker is to be apportioned between employers;
(c)
which insurer is liable to indemnify an employer liable to compensate the
worker.
(3) The last employer
is liable to deal with the claim and make payments of compensation as if the
last employer were wholly liable and the last employer’s insurer must
indemnify the last employer for the payments.
(4) Each relevant
employer is liable to make to the last employer any contributions as, in
default of agreement, may be determined by an arbitrator.
(5) If the worker or
last employer applies for determination by an arbitrator of a liability
question —
(a) the
last employer may join as a party to the dispute any employer who may be
wholly or partly liable to pay the compensation; and
(b) the
arbitrator may determine that an employer who is a party to the dispute is
wholly or partly liable to compensate the worker; and
(c) the
arbitrator may make 1 or more of the following orders —
(i)
an order requiring the payment of compensation by the
last employer or a relevant employer;
(ii)
an order requiring reimbursement of compensation paid by
the last employer or a relevant employer;
(iii)
an order for the apportionment of liability for
compensation between employers.
(6) If an insurer
applies for determination by an arbitrator of a dispute as to the liability of
the insurer to indemnify an employer liable to compensate a worker, the
arbitrator may make 1 or more of the following orders —
(a) an
order requiring 1 or more insurers to indemnify the employer;
(b) an
order for apportionment of the liability to indemnify the employer;
(c) an
order requiring the reimbursement of compensation by 1 insurer to another.
(7) The worker must
provide to the last employer any information in the worker’s possession
that the last employer may reasonably request for the purpose of identifying
any employment in which the worker was employed before or after employment
with the last employer and in which the worker has or may have suffered an
injury from employment.
(8) This section does
not apply to —
(a) a
claim to which section 35 applies; or
(b) a
claim for noise-induced hearing loss.