Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 347

When Authority, employer and self-insurer cease to be liable to pay weekly payments

    (1)     If judgment is obtained, or a compromise or settlement made in respect of proceedings referred to in section 326 in respect of an injury, the Authority, the employer or self-insurer is not liable—

        (a)     where pecuniary loss damages are awarded, to pay weekly payments in respect of the injury; or

        (b)     where damages for pain and suffering are awarded, to make payments under Division 5 of Part 5 or under section 98C of the Accident Compensation Act 1985 in respect of the injury.

    (2)     If—

        (a)     judgment is obtained or a compromise or a settlement is made in respect of proceedings referred to in section 326; and

        (b)             the worker was, at the date of the judgment, compromise or settlement, still in receipt of compensation in the form of weekly payments; and

        (c)     pecuniary loss damages are awarded against the Authority, employer or self-insurer—

the Authority, employer or self-insurer must, until the date on which a cheque is drawn for the purpose of payment of the judgment, compromise or settlement, pay to the worker a weekly amount equal to the net weekly amount that, but for subsection (1), would have been payable to the worker as compensation in the form of weekly payments in respect of the injury.

    (3)     Subsection (2) applies only in respect of proceedings referred to in section 326 against a sole defendant if that sole defendant was the worker's employer at the date of the injury the subject of the proceedings.

    (4)     An amount paid in accordance with subsection (2) is, to the extent of the payment, part satisfaction of the liability in respect of the judgment, settlement or compromise.



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