WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 271
Assessment by court of total liability for damages
WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 271
Assessment by court of total liability for damages
271 Assessment by court of total liability for damages
(1) This section
applies if— (a) damages are awarded for an injury; or
(b) damages are to be
paid in settlement of a claim for an injury.
(2) To establish the reduction
under section 270 (1) in damages for compensation paid, the claimant or
insurer may apply to— (a) the court in which the proceeding is brought; or
(b) if a proceeding has not been started—the Industrial Magistrates Court.
(3) The court’s decision is binding on the insurer and all persons entitled
to payment by the insurer for the injury.
