81AAPayments not admission of liability

### 81AA Payments not admission of liability > *\[Section 81AA Inserted by No. 48 of 1996, s. 13 \]*[*\[Section 81AA Substituted by No. 99 of 2000, s. 51, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS51@EN) > > > (1)  Where an employer who has received a claim for compensation (whether the employer has accepted liability or not) makes weekly payments under [section 81(1)](#GS81@Gs1@EN) , 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 in reduction of the amount of any liability of the employer in respect of the injury; and > > > > > > > (c) subject to [subsections (2)](#GS81AA@Gs2@EN) and [(3)](#GS81AA@Gs3@EN) , are not recoverable from the worker by the employer; and > > > > > > > (d) [*\[Section 81AA Subsection (1) amended by No. 85 of 2009, s. 32, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS32@EN) are recoverable from the employer's insurer except for the amount payable by the employer under [section 97(1A)](#GS97@Gs1A@EN) and [(1B)](#GS97@Gs1B@EN) or an amount referred to in [section 36(4)](#GS36@Gs4@EN) . > > > (2)  The Tribunal may order that an employer be entitled to recover from a worker any weekly payments made by the employer to the worker as required by [section 81(1)](#GS81@Gs1@EN) if the Tribunal is satisfied that – > > > > > > (a) the worker's claim for compensation was fraudulent; or > > > > > > > (b) the worker obstructed or otherwise delayed the determination of the claim by the employer or the employer's insurer and the employer's liability to make the payments is subsequently determined not to exist; or > > > > > > > (c) the claim was in respect of an injury to which [section 25(2)](#GS25@Gs2@EN) applies. > > > (3)  [*\[Section 81AA Subsection (3) substituted by No. 65 of 2004, s. 23, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS23@EN) If – > > > > > > (a) pursuant to [section 81](#GS81@EN) , an employer pays compensation to a worker by way of weekly payments; and > > > > > > > (b) a determination is made under [section 81A(3)(c)](#GS81A@Gs3@Hpc@EN) ; and > > > > > > > (c) the employer's liability under [section 25](#GS25@EN) is subsequently determined not to exist – > > > > the employer may deduct from the worker's sick leave entitlements existing at the time of the determination referred to in [paragraph (c)](#GS81AA@Gs3@Hpc@EN) an amount up to the amount of those weekly payments. > > > (4)  This section does not apply to a claim in respect of which [section 69(13)](#GS69@Gs13@EN) applies.