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— > > > > > (c) in the case referred to in paragraph (a)—the amount that the employer would otherwise be required to repay under that subsection, or > > > > > (d) in the case referred to in paragraph (b)—the difference between the amounts referred to in that paragraph. > > > (4A) Subsection (2) applies to a small business employer who has obtained a policy of insurance under section 155 only to the extent that the employer and the insurer have agreed that the employer is required to repay to the insurer the prescribed excess amount (or such smaller amount as is agreed on) in respect of each weekly compensation claim paid by the insurer under the policy. > > > (4AA) For the purposes of this section, the amount of a weekly compensation claim paid under a policy of insurance is the total amount of weekly payments made to the claimant in respect of the injury concerned, and that amount does not include any other payments associated with the claim. > > > (4B) If liability for a claim is apportioned between 2 or more successive insurers of an employer, the amount repayable by the employer is to be similarly apportioned. > > > (5) An amount repayable under this section may be recovered by the insurer as a debt in a court of competent jurisdiction. > > > (6) The following policies of insurance are exempt from this section— > > > > > (a) (Repealed) > > > > > (b) policies of insurance in respect of domestic or similar workers, > > > > > (c) policies of insurance of any class exempted from this section by the regulations. > > > (7) (Repealed) > > > (8) This section does not apply to— > > > > > (a) a weekly compensation claim made in respect of a worker who receives an injury on a journey to which section 10 applies, or > > > > > (b) a weekly compensation claim of any other class prescribed by the regulations for the purposes of this subsection. > > > (9) (Repealed) > > **s 160:** Am 1989 No 133, Sch 8 (9) (10); 1990 No 46, Sch 1; 1991 No 99, Sch 3 (1); 1993 No 108, Sch 2; 1994 No 10, Sch 4 (5); 2002 No 124, Sch 4.2; 2006 No 25, Sch 1 \[2\] \[3\]; 2015 No 19, Sch 5 \[23\] \[24\].