129Subrogation of rights of actual employer to Fund

129 Subrogation of rights of actual employer to Fund

(1) If: (a) the Fund has become the employer of an employee because of subsection 4(3); and (b) the Fund has paid an amount of money in respect of an employee in accordance with this Act; and (c) the actual employer of the employee had a policy of insurance or indemnity with an insurer under section 93; then: (d) the Fund is subrogated to all of the actual employer’s rights and remedies in relation to the policy of insurance or indemnity, as the case may be; and (e) the actual employer is not entitled to, and may not enforce payment of, the amount. (2) If: (a) the Fund has become the employer of an employee because of subsection 4(3); and (b) the Fund has paid an amount of money in respect of an employee in accordance with this Act; and (c) the actual employer of the employee was a member of a protection and indemnity association under section 93; then: (d) the Fund is subrogated to all of the actual employer’s rights and remedies in relation to the association.