Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
disease compensation means compensation payable
for injury by disease that is —
(a) a
prescribed disease under section 10 taken to be from certain employment
under that section; or
(b) a
dust disease;
relevant employer means an employer who employs a
worker in relevant employment;
relevant employment means employment in respect of
which there is a liability for disease compensation.
(2) Disease
compensation may be claimed from the employer who last employed the worker in
relevant employment (the last employer ) even if there is a question as to
which of 2 or more relevant employers is liable to compensate the worker
or how that liability is to be apportioned between 2 or more relevant
employers.
(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 any of the payments.
(4)
Subsection (3) applies irrespective of whether the insurer has accepted
in a liability decision notice under section 28 or 29 that the
employer is liable to compensate the worker.
(5) If there are
2 or more relevant employers in respect of a claim for disease
compensation, each relevant employer is liable to make to the last employer
any contributions as, in default of agreement, may be determined by an
arbitrator.
(6) In a proceeding
for the determination of a dispute as to the liability for contribution by
relevant employers, an arbitrator may make an order requiring the payment of
compensation by any relevant employer or for the apportionment of liability
for compensation between relevant employers.
(7) If the worker or
last employer applies for determination by an arbitrator of a question
mentioned in subsection (2) —
(a) the
last employer may join as a party to the dispute any relevant employer; and
(b) the
arbitrator may determine that a relevant employer who is a party to the
dispute is wholly or partly liable to compensate the worker; and
(c) the
arbitrator may make an order requiring the reimbursement of compensation by 1
relevant employer to another.
(8) 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.
(9) 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 relevant employment in which the worker was employed before employment
with the last employer.