Excess recoverable from employer
52 Excess recoverable from employer
A weekly compensation claim made in respect of a worker who receives an injury in the circumstances referred to in section 11 (Recess claims) of the 1987 Act is prescribed for the purposes of section 160(8)(b) of the 1987 Act.
Exempt employer policies (within the meaning of section 155AA of the 1987 Act) are exempt from section 160 of the 1987 Act.
The prescribed excess amount for the 1987 Act, section 160(1) is the total of the amounts an insurer must pay as weekly compensation payments for—
the first week of the worker’s injury in which the worker’s entitlement to weekly compensation is more than $0, and
the week immediately after the week specified in paragraph (a).
For subclause (3), the weekly compensation entitlement includes an additional amount of weekly compensation the insurer must pay after one or more of the following—
a payment increase decision within the meaning of clause 8N(2),
a back payment within the meaning of the 1998 Act, section 280AD(4),
an internal review by the insurer,
another review,
an order of the Personal Injury Commission.
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