135Order for refund of overpayments of compensation

135 Order for refund of overpayments of compensation (1) This section applies to a payment to a person (an overpayment), purportedly made because of an obligation arising under this Act, to which the person is not entitled under this Act.

(2) However, this section only applies if the court before which a proceeding for a Criminal Code offence is taken against the person is satisfied on the balance of probabilities that the person has received an overpayment as a result or partly as a result of the act or omission that is alleged to constitute the offence. (3) The court may, on the application of the employer or licensed insurer (whether or not the person is convicted of the offence), order the person to refund the amount of the overpayment to the person who made the payment. (4) Unless the compensation is payable under an award of a court, the refund may be deducted from future payments of compensation in accordance with the terms of the court’s order. (5) Subsection (3) applies even if the compensation is weekly compensation that is payable under a direction of a conciliator. (6) This section does not limit any other right of recovery that a person may have against someone else in relation to an overpayment to the other person. Criminal Code offence means an offence against the Criminal Code that relates to— (a) completing, keeping or giving a document under or in relation to this Act; or (b) a requirement that a document be completed, kept or given, under or in relation to this Act.

Settlement of claims Part 6.4