(1) If any payments made to the claimant by way of compensation take effect
under section 63 (5) of the Workers' Compensation Act 1926 to any extent as a
defence to the proceedings by the claimant against his or her employer, those
payments are to be reduced to the same extent as the damages recoverable by
the claimant are reduced under section 9, and are a defence to the reduced
extent only.
(2) If the claimant is liable to repay compensation to his or
her employer under section 64 (1) (a) of the Workers' Compensation Act 1926 or
under section 151Z of the Workers Compensation Act 1987 , the amount of
compensation so repayable is to be reduced to the same extent as the damages
recoverable by the claimant are reduced under section 9.
(3) If the cost of
any medical or hospital treatment or ambulance service for which the
claimant's employer incurs liability under section 10 of the Workers'
Compensation Act 1926 or under Division 3 of Part 3 of the Workers
Compensation Act 1987 remains unpaid at the time the claimant recovers
damages:
(a) the claimant's liability in respect of that cost is, as between
the claimant and the claimant's employer, to be reduced to the same extent as
the claimant's damages are reduced under section 9, and
Note : The Workers' Compensation Act 1926 has been
repealed, but the Act is given ongoing effect by the transitional provisions
contained in the Workers Compensation Act 1987 .