WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 91
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 91
91 . Court’s duties where action for damages unsuccessful but workers’ compensation is payable
(1) If an action is
brought to recover damages independently of this Act, and it is determined in
such action that the injury is one for which the employer is not liable in
such action, but that he would have been liable to pay compensation under this
Act, the court in which the action is tried shall assess that compensation, or
refer the assessment of the compensation for determination by an arbitrator,
and shall deduct from that compensation all the costs which have been caused
by the plaintiff bringing the action, instead of taking proceedings under this
Act, and shall enter judgment accordingly.
(2) To the extent that
it is practicable to do so, and subject to the conciliation rules and the
arbitration rules, a referral under subsection (1) is to be dealt with as if
it were an application for resolution of a dispute under Part XI.
[Section 91 amended: No. 48 of 1993 s. 28(1); No.
42 of 2004 s. 68 and 147; No. 31 of 2011 s. 28.]