WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 174AB

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 174AB

174AB .         WorkCover WA may exercise rights of employer in some cases

        (1)         If an employer against whom a claim for compensation under this Act, or an action for damages which are, or which include, insurable damages, is brought by a worker is uninsured, WorkCover WA has all of the rights of the employer as the party against whom the claim or action is brought in place of the employer including the right to —

            (a)         consent to an award or order being made in a proceeding before a dispute resolution authority; and

            (ba)         consent to a judgment being given in a proceeding before a court; and

            (b)         enter into an agreement as to redemption of the claim or compromise of the action; and

            (c)         become a party to proceedings in relation to the claim or action; and

            (d)         exercise the rights of the employer in relation to injury management; and

            (e)         require the worker to submit himself for examination under sections 64 and 65.

        [(2)-(4)         deleted]

        (5)         WorkCover WA may sue for and recover from the employer fees, costs and charges incurred by WorkCover WA under this section, whether or not WorkCover WA was successful in any proceedings.

        [Section 174AB inserted: No. 42 of 2004 s. 128; amended: No. 31 of 2011 s. 115; No. 12 of 2012 s. 11.]