67EPayment not admission of liability in respect of death of worker

67E Payment not admission of liability in respect of death of worker

[Section 67E Inserted by No. 65 of 2004, s. 16, Applied:17 Dec 2004]

(1)  Where an employer who has received a claim for compensation (whether the employer has accepted liability or not) makes weekly payments under section 67B , those payments –

(a) are not, in any subsequent proceedings under this Act, to be construed as an admission of liability; and

(b) are to be taken to be in reduction of the amount of any liability of the employer in respect of the death of the worker; and

(c) subject to subsection (2) , are not recoverable from a dependant of the worker by the employer; and

(d) are recoverable from the employer's insurer including any amount payable by the employer under section 97(1A) or (1B) .

(2)  The Tribunal may order that an employer be entitled to recover from a dependant any weekly payments made by the employer to him or her if the Tribunal is satisfied that the dependant’s claim for compensation was fraudulent.