160Recovery of excess from employer

160 Recovery of excess from employer

160 Recovery of excess from employer

(cf former s 18 (3) (a2))

(1) In this section—

prescribed excess amount, in respect of a weekly compensation claim paid under a policy of insurance, means the prescribed excess amount determined by the Workers Compensation Market Practice and Premiums Guidelines in respect of that policy.

small business employer, in relation to a policy of insurance, means an employer who, under the policy, is liable to pay premiums not exceeding such amount as is prescribed by the regulations (the calculation of that liability being determined in the manner so prescribed).

weekly compensation claim means a claim for weekly payments of compensation payable to a worker in respect of any period of total or partial incapacity for work.

(2) An employer is required to repay to the insurer under a policy of insurance that the employer has obtained under section 155—

(a) the prescribed excess amount in respect of each weekly compensation claim that the insurer has paid under the policy, or

(b) if the amount that the insurer has paid in respect of any such claim is less than the prescribed excess amount—the amount so paid.

(3) An employer is not required to comply with subsection (2) to the extent that—

(a) the employer has paid an amount of money directly to an injured worker in relation to a period that is the subject of a weekly compensation claim made by the worker, and

(b) the amount paid by the employer is an amount or is included in an amount for which the employer’s insurer is liable under the relevant policy of insurance to indemnify the employer in respect of the claim, and

(c) the employer’s insurer has offset against the amount payable under that policy in respect of the claim the amount referred to in paragraph (a).

(4) An employer who, in relation to a period that is the subject of a weekly compensation claim made by an injured worker—

(a) has paid no money to the worker, or

(b) has paid an amount to the worker that is less than the amount which the employer would, but for this subsection, be required to repay under subsection (2),

is nevertheless not required to comply with that subsection to the extent that the employer’s insurer has debited against any amount standing to the employer’s credit in respect of the premiums payable for the relevant policy of insurance—