[1992] 1 VR 481
AMERICAN HOME ASSURANCE CO LTD v TRANSPORT ACCIDENT COMMISSION
SUPREME COURT OF VICTORIA APPEAL DIVISION
MURPHY (1), FULLAGAR (2) and O'BRYAN (3) JJ
21-, 22 May 1991
[1992] 1 VR 481
Accident compensation — Motor accident — Payment of compensation by insurer — Claim for reimbursement by insurer — Amount payable — Workers Compensation Act
1958 (No. 6149), s8(2B), s8(2D).
.
subs8(2B) and subs(2D) of the Workers Compensation Act 1958 provided:
"(2B) Where -
(a) an insurer is required under a policy of accident insurance or indemnity
to indemnify or insure an employer in respect of the amount or any part of the
amount of the employer's liability to pay compensation under this Act in
respect of the death or injury of a worker . . .; and
(b) the Motor Accidents Board would, if no compensation were payable under
this Act in respect of the death or injury, have been liable to make payments
in respect of the death or injury under the Motor Accidents Act 1973 -
the Motor Accidents Board shall, notwithstanding anything to the contrary in
s15 or s59 or in any other provision of the Motor Accidents Act 1973, be
liable to make payments to the insurer in accordance with subs(2D). ...
"(2D) The amount of any payment to be made to an insurer by the Motor
Accidents Board shall be an amount equal to -
(a) ...
(b) the total amount of the payments which the Motor Accidents Board would, if
no compensation were payable under this Act in respect of the death or injury,
have been liable to make under the Motor Accidents Act 1973 in respect of that
death or injury less any amount payable to the employer pursuant to the
provisions of subs(2C) whichever is the lesser."
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[1992] 1 VR 481
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