WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 23

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 23

23 .         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 —

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

            (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,

                whichever is less.

        [Section 23 inserted: No. 36 of 2004 s. 8.]

        [Heading inserted: No. 36 of 2004 s. 9.]