WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 159

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 159

159 .         Terms used

                In this Part —

        compensable injury means an injury for which an employer is liable;

        damages means —

            (a)         damages due or payable to, or claimed by, a worker for an injury caused to that worker by the negligence, other tort or breach of statutory duty of the employer of the worker or the negligence of any person for whose conduct the employer is vicariously liable; or

            (b)         damages due or payable to, or claimed by, a dependant of a deceased worker under the Fatal Accidents Act 1959 for an injury causing the death of the worker; or

            (c)         damages due or payable to, or claimed on behalf of, the estate of a deceased worker under the Law Reform (Miscellaneous Provisions) Act 1941 for an injury causing the death of the worker; or

            (d)         the amount of any contribution or indemnity due or payable to, or claimed by, a concurrent tortfeasor under the Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 in respect of an injury to, or death of, a worker,

        but does not include a liability imposed by contract that would not arise as a coordinate liability in negligence or other tort or breach of statutory duty;

        deemed worker , in relation to an employer, means —

            (a)         a worker of whom the employer would not be the employer, but for being deemed by section 175(1) to be the employer; or

            (b)         a person to whom the employer would be liable to pay compensation in the circumstances described in section 175AA(5)(a); and

            (c)         where the employer is Racing and Wagering Western Australia, a person of whom Racing and Wagering Western Australia would not be the employer but for section 11A(3);

        insurable damages means damages in respect of which an employer is required by section 160(1)(b) to insure;

        liable , in relation to a compensable injury, means liable to pay compensation in accordance with this Act;

        remuneration means —

            (a)         unless regulations provide that it is not to be treated as remuneration for the purposes of this definition, any amount of any of the following —

                  (i)         wages;

                  (ii)         salaries;

                  (iii)         sums paid to workers under an agreement to perform —

                        (I)         a specified quantity of work for a specified sum; or

        (II)         work on piece rates; or

        (III)         work on a bonus or commission system for payment by results;

                and

            (b)         any other amount which regulations provide is to be treated as remuneration for the purposes of this definition, not being —

                  (i)         an amount paid by way of compensation under this Act; or

                  (ii)         an amount paid by way of damages in respect of a compensable injury.

        [Section 159 inserted: No. 31 of 2011 s. 104; amended: No. 12 of 2012 s. 4; No. 45 of 2012 s. 5.]