The Victorian WorkCover Authority's right of subrogation under s 71(4) of the Workplace Injury Rehabilitation and Compensation Act 2013 is engaged by the making of a claim for compensation and does not depend on prior proof that the claimant was in fact employed by the alleged employer. The terms 'employer' and 'worker' are used in two senses in the Act: in entitlement provisions they refer to persons who in fact had that status; in claims provisions they encompass persons alleged to have that status. Alleged employers who dispute the fact of employment have consequential review rights under ss 79, 84, 85 and the premiums provisions, but cannot prevent the Authority from exercising its subrogation rights at the claims stage.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
1 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.