170Effect of service of claim on Nominal Insurer

170 Effect of service of claim on Nominal Insurer (1) Where a claim for compensation under Part 5 or section 167 is made against the Nominal Insurer: (a) the liability of the employer to pay compensation under the claim shall be discharged, save to the extent of any compensation previously paid; and (b) any agreement, order, demand or determination, admission or deemed admission shall be of no force or effect in respect of the liability of the Nominal Insurer to make payments of compensation to the person making the claim. (2) Where a claim for compensation mentioned in subsection (1) is made against the Nominal Insurer, the claim shall be dealt with and determined as if the Nominal Insurer were the employer of the worker making the claim or in respect of whom it relates, and for that purpose: (a) the claim, if made under section 167, shall be deemed to have been made under Part 5; (b) a reference to an employer in Part 5 (other than in section 75A) or 6A shall be read and construed (with necessary changes) as a reference to the Nominal Insurer; and (c) the Nominal Insurer shall have the same rights, powers, duties and liabilities in respect of the claim (other than under section 75A) as the employer.

Return to Work Act 1986 142