WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 84 Recovery of weekly payments by worker where notice not given by insurer

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 84

84 Recovery of weekly payments by worker where notice not given by insurer

(1) If an insurer discontinues payment to a worker of weekly payments of compensation, or reduces the amount of the compensation, in contravention of this Subdivision, the worker may recover from the insurer an amount of compensation in accordance with this section.

(2) This section applies whether or not the insurer has been prosecuted for an offence under this Division involving the contravention.

(3) The amount of compensation that may be recovered as a result of a failure to give the required period of notice is--

(a) if no period of notice has been given--an amount that is equal to the amount of compensation, or additional compensation, that would have been payable during the required period of notice if payment of the compensation had not been discontinued or if the amount of compensation had not been reduced, or

(b) if less than the required period of notice has been given--an amount that is equal to the amount of compensation that would have been payable during the balance of the required period of notice if payment of the compensation had not been discontinued or if the amount of the compensation had not been reduced.