WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 51
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 51
51 . Last employer liable but may join others
(1) Subject to
subsections (2), (3) and (4), the compensation is recoverable from the
employer who last employed the worker during the period of 3 years mentioned
in section 49 in the employment to the nature of which the loss of function
is, or was, due.
(2) The worker shall,
if so required, where possible furnish that employer with the names and
addresses of all the other employers who employed him in the employment during
the period of 3 years mentioned in section 49.
(3) If that employer
alleges that the loss of function was in fact caused whilst the worker was in
the employment of some other employer and not whilst in his employ, he may
join such other employer as a party to the proceedings, and if the allegation
is proved, that other employer shall be the employer from whom the
compensation shall be recoverable.
(4) If the loss of
function is of such a nature as to be caused by a gradual process, any other
employers who during the period of 3 years mentioned in section 49, employed
the worker in the employment to the nature of which the loss of function was
due shall be liable to make to the employer from whom compensation is
recoverable such contributions as, in default of agreement, may be determined
in proceedings under this Act for settling the amount of the compensation.
(5) Where an employer
has been insured by more than one insurer, those insurers shall be entitled to
be heard on any application to have the liability apportioned between them in
terms of subsection (4).