31EPerson not to be compensated twice

31E Person not to be compensated twice

[Section 31E of Part III Inserted by No. 65 of 2004, s. 9, Applied:17 Dec 2004]

(1)  Compensation under this Act is not payable in respect of anything to the extent that –

(a) compensation has been received under the laws of a place other than this State; or

(b) judgment has been obtained against the employer independently of this Act.

(2)  If a person receives compensation under this Act and, for the same matter, subsequently –

(a) receives compensation under the laws of a place other than this State; or

(b) obtains judgment against the employer independently of this Act –

the person from whom compensation under this Act is received may, in a court of competent jurisdiction, sue and recover from the person the amount described in subsection (3) .

(3)  The amount that is recoverable under subsection (2) is the lesser of the following:

(a) the amount of compensation paid under this Act;

(b) the amount of compensation received under the laws of a place other than this State or for which judgment was obtained independently of this Act.