(1) If a third party
has paid the whole or any part of the damages payable to a worker in respect
of an injury caused or contributed to by the third party and the third party
has also indemnified the employer for the payment of any compensation for the
injury, the third party may recover from the worker the amount so paid to the
employer.
(2) For the purposes
of subsection (1) a reference to compensation includes a reference to a
liability for compensation that is discharged by a settlement agreement under
Part 2 Division 12.
(3) The amount that
may be recovered by the third party cannot exceed the amount of damages paid
to the worker by the third party.