Recovery of LTCS payments from uninsured employer
90A Recovery of LTCS payments from uninsured employer
This section applies if—
a participant in the LTCS scheme has a work injury; and
when the work injury happened, the participant’s employer was uninsured.
The LTCS commissioner may recover as a debt from the employer the present value of the commissioner’s treatment and care liabilities in relation to the participant’s work injury.
In this section:
employer does not include a licensed self-insurer.
uninsured—an employer of a participant with a work injury is uninsured if the employer does not have a compulsory insurance policy that applies to the participant in relation to the participant’s work injury.
Note Compulsory insurance policy—see the Workers Compensation Act 1951, s 144.
Licensed self-insurer—see the Workers Compensation Act 1951, dictionary.
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