AustLII Tasmanian Consolidated Acts

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WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 31E

31E. Person not to be compensated twice

      (1) Compensation under this Act is not payable in respect of anything to the extent that –

(a) compensation has been received under the laws of a place other than this State; or

(b) judgment has been obtained against the employer independently of this Act.

      (2) If a person receives compensation under this Act and, for the same matter, subsequently –

(a) receives compensation under the laws of a place other than this State; or

(b) obtains judgment against the employer independently of this Act –

the person from whom compensation under this Act is received may, in a court of competent jurisdiction, sue and recover from the person the amount described in subsection (3).

      (3) The amount that is recoverable under subsection (2) is the lesser of the following:

(a) the amount of compensation paid under this Act;

(b) the amount of compensation received under the laws of a place other than this State or for which judgment was obtained independently of this Act.



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