Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 343

Judgments, order for damage, settlement or compromise to be reduced by certain amounts of compensation paid

    (1)     If a judgment, order for damages, settlement or compromise is made or entered in favour of a worker or the dependants of a worker in respect of proceedings referred to in section 326 in respect of an injury, the amount of the judgment, order for damages, settlement or compromise must be reduced by—

        (a)     to the extent that it is in respect of pecuniary loss, the amount of compensation (if any) paid in respect of the injury otherwise than under Division 5 of Part 5 or section 224, 228 or 229 or to the extent that section 93(10)(a) of the Transport Accident Act 1986 applies, except any such compensation paid in respect of the whole or any part of the period of 18 months after the relevant transport accident;

        (b)     to the extent that it is in respect of non-pecuniary loss, the amount of compensation (if any) paid in respect of the injury under Division 5 of Part 5 or under section 98C or 98E of the Accident Compensation Act 1985 .

    (2)     If the amount of a judgment is subject to a reduction under subsection (1), that reduction must be made before the reduction (if any) under section 26(1) of the Wrongs Act 1958 is made.



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