Section 40

In any proceedings in respect of an employer’s liability to pay compensation under this Act, the employer must provide all reasonable assistance to the employer’s insurer to enable the employer’s insurer to conduct the proceedings or the defence in those proceedings.

If the employer fails to comply with subsection (1), the employer is liable to indemnify the employer’s insurer for the amount paid or deposited by the employer’s insurer under section 18 as a result of the proceedings.