(1) A court can not award exemplary or punitive
damages against WorkCover in a claimant’s proceeding for damages.
(2)
However, the court may give a separate judgment against an employer for the
payment of exemplary or punitive damages if the court considers that the
employer’s conduct is so reprehensible that an award of exemplary or
punitive damages is justified.
(3) WorkCover can not indemnify an employer
against an award of exemplary or punitive damages.
