Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 89

Position of worker following decision under section 84

    (1)     If the Authority sets aside its decision under section 84(1)(b) to accept a claim made by a worker for compensation against the claimed employer—

        (a)     for the purposes of the worker accessing dispute resolution procedures under Part 6, the Authority's decision under section 84(1)(b) is taken to be a rejection of the worker's claim; and

        (b)     subject to the workers' rights to dispute resolution procedures under Part 6, the worker is not entitled to lodge another claim in respect of the same injury the subject of the set aside claim under section 84(1)(b) against the first claimed employer.

    (2)     Despite the Authority's decision under section 84(1)(b) to set aside its original decision to accept a claim made by a worker for compensation against the claimed employer, the claimed employer is not entitled to recover any compensation payments made to the worker before the decision under section 84(1)(b) was made.



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