WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 207A Insurer may recover costs of reports from third party

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 207A

207A Insurer may recover costs of reports from third party

(1) This section applies if an insurer incurs costs in obtaining reports, other than legal reports, while managing a claim for compensation in which an injury to a worker created a legal liability in a person to pay damages for the injury independently of this Act.

Examples of reports—

• medical reports

• traffic incident reports

(2) The insurer—

(a) is entitled to be indemnified by the person for a reasonable proportion of the costs reasonably incurred by the insurer in obtaining the reports; and

(b) may recover from the person as a debt a reasonable proportion of the costs reasonably incurred by the insurer in obtaining the reports.

(3) In deciding what is a reasonable proportion of the costs for subsection (2) , a court must consider the extent to which the report is used for the purposes of managing the claim or deciding liability.

(4) In this section—


"report" includes advice.