Western Australian Consolidated Regulations

WORKERS' COMPENSATION AND INJURY MANAGEMENT REGULATIONS 1982 - REG 13

13 .         Ascertaining amount for reimbursement (section 154AC(1))

        (1)         WorkCover WA may approve an application by an employer for reimbursement under section 154AC(1) of the Act.

        (2)         The amount that WorkCover WA is to reimburse to an approved applicant under section 154AC(1) of the Act is to be calculated by subtracting the estimated total cost from the actual total cost.

        (3)         In this regulation —

        actual total cost , in relation to an award of damages, means the total amount paid on a claim (including all compensation paid in accordance with the Act, any award of damages, legal expenses and miscellaneous expenses associated with the claim, to the extent that these apply) by the insurer or self‑insurer, as calculated in accordance with the Insurer/Self‑Insurer Electronic Data Specification (Edition Q1), following an award of damages, as submitted to, and approved and recorded by, WorkCover WA;

        estimated total cost , in relation to an award of damages, means the insurer, or self‑insurer’s, estimate of the total cost of the claim (including the estimated compensation to be paid in accordance with the Act, any award of damages, legal expenses and miscellaneous expenses associated with the claim to the extent that these apply or are likely to apply), estimated in accordance with the Insurer/Self‑Insurer Electronic Data Specification (Edition Q1), as at the date of creation of the May 2004 return file recorded by WorkCover WA;

        Insurer/Self‑Insurer Electronic Data Specification (Edition Q1) means Edition Q1, Version 1.4.6 of the Insurer/Self‑Insurer Electronic Data Specification, published by WorkCover WA on 29 July 2003 to standardise the information or return requested under section 103A of the Act.

        [Regulation 13 inserted in Gazette 26 Oct 2004 p. 4898‑9; amended in Gazette 21 Jan 2005 p. 276.]