93—Ability of Corporation to conduct and settle proceedings
(1) If a proceeding is
brought for damages in a case where this Part applies, the proceeding must be
against the employer and not against the Corporation.
(2) However, other
than in the case of a self-insured employer, the Corporation is
entitled—
(a) to
conduct for the employer all proceedings to which the employer is a party (and
to take any action in connection with the proceedings as if the Corporation
were a party to the proceedings); and
(b) to
settle any matter that is the subject of proceedings under this Part
(including by making offers and counter-offers of settlement on behalf of the
employer).
(3) In connection with
subsections (1) and (2) (other than in the case of a self-insured
employer)—
(a) a
copy of any statement of claim and other documentation lodged with a court for
the purposes of bringing an action for damages under this Part must be served
on the Corporation as well as the employer; and
(b) the
employer against whom proceedings are brought under this Part must cooperate
fully with the Corporation and give the Corporation all information and access
to documents in relation to such proceedings or the relevant cause of action
that the Corporation reasonably requires; and
(c) the
employer immediately on being required to do so by the Corporation must
execute all documents and do everything that the Corporation considers
reasonably necessary to allow any proceedings to be conducted by the
Corporation; and
(d) the
Corporation will be subrogated to the rights of the employer to such extent as
the Corporation may determine.
(4) If an employer,
other than a self-insured employer—
(a) is
absent from the State or, after reasonable inquiry, cannot be found; or
(b)
refuses, fails or is unable to execute any documents required for the purposes
of subsection (2) or mentioned under subsection (3),
the Corporation may execute any document that the Corporation requires in
connection with the operation of this section.
(5) The Corporation
may recover from an employer as a debt any additional costs reasonably
incurred by the Corporation in connection with any proceedings under this Part
as a direct result of the employer's non-compliance with this section.