New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
WORKERS COMPENSATION ACT 1987 - SECT 66A
Agreements for compensation
66A Agreements for compensation
(1) In this section,
"complying agreement" means a written agreement-- (a) under which a worker who
has received an injury, and an employer or insurer, agree as to the degree of
permanent impairment that has resulted from the injury, and
(b) in which
there is a provision in which the employer or insurer certifies that it is
satisfied that the worker has obtained independent legal advice, or has waived
the right to obtain independent legal advice, before entering into the
agreement.
(2) If a worker enters into a complying agreement in relation to
an injury, the permanent impairment compensation to which the worker is
entitled in respect of the injury is the compensation payable in respect of
the degree of impairment so agreed.
(3) The Commission may award compensation
additional to the compensation payable under subsection (2) by virtue of a
complying agreement if it is established that-- (a) the agreed degree of
permanent impairment is manifestly too low, or
(b) the worker has been
induced to enter into the agreement as a result of fraud or misrepresentation,
or
(c) since the agreement was entered into, there has been an increase in
the degree of permanent impairment beyond that so agreed.
(4)
Complying agreements, and the payments made under them, are to be recorded in
accordance with the Workers Compensation Guidelines.
(5) Subsection (2) has
effect despite section 234 (No contracting out) of the 1998 Act.
(6) Nothing
in this section prevents a complying agreement from containing provision as to
the payment of costs.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback