Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 3A · Application of Parts 2 and 3 to Platform Operators and Platform Workers
34M. Compensation for medical treatment received by platform worker
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A platform operator is liable to pay compensation in accordance with paragraph 5 of the Fifth Schedule for medical treatment received by a platform worker for a work injury that —
is provided by a health professional or at an approved medical institution; and
is certified by any attending health professional to be necessary.
The compensation payable under subsection (1) for medical treatment received at an approved medical institution by the platform worker must be paid directly to the proprietor of the approved medical institution, after deducting any amount previously paid by or on behalf of the platform worker to the proprietor of the approved medical institution for the medical treatment.
approved medical institution
“approved medical institution” means a hospital, clinic, healthcare establishment or other medical institution that is prescribed as an approved medical institution;
The proprietor of an approved medical institution is entitled to recover the compensation (less the deductions) mentioned in subsection (2) directly from the platform operator.
Where the cost of any medical treatment that the platform operator is liable to pay under subsection (1) is paid by the platform worker or by any other person on behalf of the platform worker, the platform worker or that other person is entitled to recover the cost from the platform operator.
Where any person has paid any compensation under this section in respect of a claimant’s work injury as the claimant’s platform operator or platform operator’s insurer (called in this section the payer) or any ex gratia payment has been made under section 70 in respect of such compensation, the Commissioner may order the claimant to reimburse the payer or the Commissioner (as the case may be) for such payment if —
claimant
“claimant” means an injured individual claiming compensation under this Act;
the claim in respect of that work injury is withdrawn, and is not resumed, under section 41, as modified by section 35B;
an order of refusal of compensation has been made or has taken effect, in respect of that work injury; or
the payment was made on the basis of any error or any false or misleading information.
Subsection (5) applies to the payer only if —
the payer applies to the Commissioner for the reimbursement within the prescribed time and in the form and manner required by the Commissioner; and
the claimant has been given a reasonable opportunity to make representations to the Commissioner.
Any reimbursement ordered under subsection (5) is recoverable directly from the claimant.