This Division applies
to an award of damages against a worker’s employer independently of this
Act in respect of an injury suffered by the worker if —
(a) the
injury was caused by the tort of the employer; and
(b)
compensation for the injury has been paid or is payable, or would have been
paid or be payable but for section 20.
Note for this section:
Section 412
extends references in this Division to an employer to a person for whose acts
the employer is vicariously liable.