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9 1934

WORKMEN'S COMPENSATION ACT, 1934

PART VI.

Agreements in Relation to Compensation.

Matters required to be determined by the Court.

44. —Where compensation is payable under this Act in respect of injuries to a workman which result in his death and such workman leaves any adult dependant or juvenile dependant, the following matters, that is to say:—

(a) the amount of such compensation;

(b) the ascertainment of the person or persons entitled to such compensation;

(c) the allocation of such compensation;

shall be determined by the Court and not otherwise.

Registers of Agreements under the Workmen's Compensation Act, 1934.

45. —As soon as conveniently may be after the passing of this Act a register to be called and known as the Register of Agreements under the Workmen's Compensation Act, 1934, and in this Part of this Act referred to as the register shall be set up in every Circuit Court Office and shall be thenceforward there kept and maintained in accordance with regulations made by the Minister for Justice.

Agreements to be in writing.

46. —Every agreement in respect of which registration is sought under this Part of this Act shall be in writing and shall be signed by the parties thereto.

Weekly payment agreement.

47. —Where an employer and a workman enter into an agreement (in this Act referred to as a weekly payment agreement) fixing the amount of the weekly payment to be made to such workman under this Act, such agreement shall not, nor shall the payment of the sum payable thereunder operate to fix the amount of such weekly payment unless and until it is duly registered under this Part of this Act, but on being so registered such agreement shall as from the date thereof operate and have effect as if it were an order of the Court fixing the amount of such weekly payment.

Variation agreements.

48. —Where the amount of a weekly payment to be made by an employer to a workman under this Act, has been fixed by the Court or by agreement and such employer and workman enter into an agreement (in this Act referred to as a variation agreement) ending, diminishing or increasing the amount of such weekly payment, such agreement shall not, unless and until it is duly registered under this Act, operate to end, diminish or increase (as the case may be) the amount of such weekly payment but on being so registered such agreement shall as from the date specified in that behalf therein operate and have effect as if it were an order of the Court ending, diminishing or increasing (as the case may be) such weekly payment.

Redemption of weekly payment by agreement.

49. —Where the amount of a weekly payment to be made under this Act by an employer to a workman has been fixed by the Court or by agreement between the parties, and the parties enter into an agreement (in this Act referred to as a redemption agreement) whereby in consideration of the payment of a lump sum by such employer to such workman, the latter agrees to release the former from his liability to continue to make such weekly payment, such agreement shall not, nor shall the payment of such lump sum unless and until such agreement is duly registered under this Act, operate to release such employer from his liability to continue to make such weekly payment, but on being so registered shall operate and have effect accordingly to release such employer from such liability as from the date specified in that behalf in such agreement.

Commutation agreements.

50. —Where an employer admits his liability to make a weekly payment under this Act to a workman, but the amount of such weekly payment has not been fixed by the Court, or by agreement between the parties, and such parties enter into an agreement (in this Act referred to as a commutation agreement) whereby in consideration of the payment of a lump sum by such employer to such workman, the latter agrees to release the former from such liability, such agreement shall not, unless and until it is duly registered under this Act, operate to release such employer from such liability, but on being so registered shall operate and have effect to release such employer from such liability.

Agreement by way of compromise of disputed claim.

51. —Where an employer disputes his liability to make a weekly payment under this Act to a workman, such employer and workman may enter into an agreement (in this Act referred to as an agreement by way of compromise) whereby in consideration of the payment of a lump sum by such employer to such workman, the latter agrees to release the former from such liability (if any), such agreement shall not unless and until it is duly registered under this Act, operate to release such employer from such liability (if any), but on being so registered shall operate as a release from such liability (if any).

Lump sum agreements.

52. —(1) Every redemption agreement, commutation agreement and agreement by way of compromise shall disclose the amount (if any) paid or payable under or in respect of such agreement by the employer to the solicitor for the workman as costs.

(2) If, on any such agreement being sent to the county registrar for registration under this Act, it appears that the amount paid or payable for such costs thereunder is excessive, the county registrar may direct the solicitor to whom such costs were paid or are payable, to furnish a bill of such costs, and upon such bill being so furnished, the county registrar shall subject to review by the Court tax such costs in accordance with Rules of Court, and if such costs are reduced on such taxation, the amount of such reduction shall either be applied and dealt with for the benefit of the workman or paid to the employer or otherwise dealt with as the Court shall direct.

Applications for registration of agreements.

53. —(1) Any person interested in any weekly payment agreement, variation agreement, redemption agreement, commutation agreement, or agreement by way of compromise may send such agreement to the county registrar with an application to have the same registered in the register.

(2) Such application shall state whether the workman who is a party to the agreement is an insured person or not and in the event of his being an insured person shall state the name and address of the approved society by which sickness or disablement benefit under the National Health Insurance Acts, 1911 to 1933, payable to such workman is administered, and shall also contain such other particulars as may be required by Rules of Court.

(3) Upon receipt of any such agreement and application, the county registrar shall serve notice of the reception thereof by him on all parties interested therein and, if the workman is an insured person, also on the approved society concerned, and no such agreement shall be registered under this Act until the expiration of seven days after the date of the service of such notice.

(4) Every person upon whom notice of an application to register an agreement is required by this section to be served is in this Act referred to as a notice party.

Objections to registration.

54. —(1) Any person to whom notice of an application to register an agreement has been given by the county registrar may, within seven days after the service of such notice, send a notice (in this Act referred to as a notice of objection) to the county registrar objecting to the registration of such agreement in accordance with the following provisions, that is to say:—

(a) any such person may object to the registration of such agreement on any one or more of the following grounds, namely:—

(i) that no such agreement was in fact entered into;

(ii) that the sum to be paid under such agreement is inadequate;

(iii) that such agreement was obtained by fraud, undue influence or other improper means;

(iv) that the terms agreed upon by the parties are not correctly stated in such agreement;

(v) that such agreement is no longer subsisting or enforceable;

(vi) any ground in addition to the preceding grounds upon which if such agreement were the subject of a suit for specific performance a court of equity would refuse to decree specific performance thereof; and

(b) where such agreement is a weekly payment agreement, and the same is sought to be registered on the application of the workman, the employer may object to such agreement being registered on the ground that the workman has returned to work and is earning the same wages as he did before the accident.

(2) Any objection based on any of the foregoing grounds is in this Part of this Act referred to as a statutory ground of objection.

Reference of application for registration to the Court.

55. —(1) Where no notice of objection based on a statutory ground of objection to the registration of an agreement the subject of an application for registration under this Act is received by the county registrar within the time limited by the immediately preceding section, but the county registrar is, for any reason which seems to him sufficient, of opinion that such agreement should not be registered except in pursuance of an order of the Court, he shall refer the application to the Court which shall make such order in the matter as it thinks proper.

(2) Where the county registrar refers an application to the Court under this section, he shall notify all notice parties of such reference and the reason therefor.

Procedure where no objection to registration.

56. —(1) If no notice of objection based on a statutory ground of objection to the registration of an agreement the subject of an application for registration under this Act is received by the county registrar within the time limited by this Act, the county registrar shall unless he refers such application to the Court under the immediately preceding section forthwith register such agreement in the register of agreements and shall notify all notice parties of such registration.

(2) Where an agreement made with a person under a disability, or any commutation agreement, redemption agreement, or agreement by way of compromise has been registered by the county registrar in accordance with this section, the Court may on the application of any notice party made within six months from the date of such registration make an order cancelling such registration if satisfied that such agreement was obtained by fraud, undue influence or other improper means.

(3) Where the Court cancels under this section the registration of an agreement, such agreement shall be deemed never to have been registered.

Procedure where objection to registration.

57. —(1) If a notice of objection based on a statutory ground of objection to the registration of an agreement the subject of an application for registration under this Act is received by the county registrar within the time limited by this Act, the county registrar shall refuse to register such agreement and shall notify all notice parties of such refusal and serve a copy of such notice on all notice parties other than the party who gave such notice.

(2) Where the county registrar refuses to register an agreement in accordance with this section, any notice party may apply to the Court to have the same registered, and the Court may on such application either make an order confirming such refusal or directing such agreement to be registered.

Matters arising on determination by Court of application for registration.

58. —(1) Where the objection to registration of a weekly payment agreement is made by an employer on the ground that the workman has returned to work and that he is able to earn the same wages as he did before the accident and the Court is satisfied of the truth of such ground, the Court may if it directs the agreement to be registered, direct that the agreement be registered on such terms as under the circumstances it may think just.

(2) Where an application to register an agreement under this Part of this Act has been refused, or the registration of an agreement has been cancelled by an order of the Court and any sum has been paid under such agreement, the Court shall, in accordance with Rules of Court, make such order in relation to such sum as the Court may think just.

Rectification of the register of agreements.

59. —The Court may at any time cause the register to be rectified (whether by variation, addition or omission) in such manner as justice may require.