Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 44

44 .         Other employer or insurer liable

        (1)         If an employer makes provisional payments in respect of a worker’s claim for compensation and it is agreed between the persons concerned or it is determined by an arbitrator that another employer is liable for the whole or part of the compensation —

            (a)         the employer making the provisional payments may recover as a debt due from the other employer the whole or part of the payments made according to the extent of the compensation for which the other employer is liable; and

            (b)         the provisional payments recoverable from the other employer are taken to have been made to the worker by the other employer.

        (2)         If an insurer by way of indemnity makes provisional payments in respect of a worker’s claim for compensation by an employer and it is agreed between the persons concerned or it is determined by an arbitrator that another insurer is required to indemnify that or another employer for liability to pay the whole or part of the compensation —

            (a)         the insurer making the provisional payments may recover as a debt due from the other insurer the whole or part of the payments made according to the extent of the compensation for which the other insurer is required to indemnify that or another employer; and

            (b)         the provisional payments recoverable from the other insurer are taken to have been made to the worker by the other insurer for the employer it is liable to indemnify.

        (3)         Subsection (2) extends to a self-insurer as if provisional payments made by a self-insurer were provisional payments made by an insurer by way of indemnity.