140Application of Part

140 Application of Part

[Section 140 Substituted by No. 85 of 2009, s. 47, Applied:01 Jul 2010]

(1)  This Part applies in relation to a worker who has made a claim for compensation, even if there is a dispute as to whether the employer is liable for the claim, but ceases to apply –

(a) after an agreement to settle the claim is made in accordance with section 132A ; or

(b) after an agreement to settle a claim for damages is made in accordance with this Act; or

(c) if the Tribunal makes orders under either section 81A(3)(c) or (d) ; or

(d) if the Tribunal or a court determines that the employer is not liable for the claim.

(2)  Despite subsection (1) , if –

(a) this Part ceases, in accordance with subsection (1)(a) , to apply in relation to a worker because an agreement to settle is made in accordance with section 132A ; and

(b) the agreement is set aside by the Tribunal under section 132A(11)  –

this Part applies in relation to the worker, from the date on which the agreement is set aside, as if subsection (1)(a) did not apply, until a further agreement to settle, if any, is made in accordance with section 132A .

(3)  Despite subsection (1) , if –

(a) this Part ceases, in accordance with subsection (1)(d) , to apply in relation to a worker because the Tribunal or a court determines that the employer is not liable for the claim; and

(b) the Tribunal or a court subsequently determines that the employer is so liable –

this Part applies in relation to the worker from the date of the determination, as if subsection (1)(d) did not apply.