Section 17Part 3 — Conditions of Compensation
Agreements for payment of compensation
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The employer and the workman may, after the injury in respect of which the claim to compensation has arisen, agree in writing as to the amount to be paid by the employer as compensation in respect of the permanent partial incapacity or permanent total incapacity of the workman resulting from the injury.
Where any amount of compensation has been agreed under subsection (1), or where the amounts of any half-monthly payment have been agreed or have been varied, suspended or ended, or where any other matter under this Law has been determined by agreement, the Court may, if application be made by any person interested within three months after the date of the agreement, cancel it and may make such order (including an order as to any sum already paid under the agreement) as in the circumstances may be thought just, if it is proved that —
the sum paid or to be paid was or is grossly inadequate or excessive;
the agreement was obtained by such fraud, undue influence, misrepresentation or other improper means, as would in law be sufficient ground for avoiding the agreement; or
the agreement was entered into in ignorance of or under a mistake as to the true nature of the injury.
Any such agreement may, on application to the Court, be made a judgment of the Court.
Where it is desired to have an agreement made a judgment of the Court, the memorandum thereof shall be sent by any interested party to the Clerk of the Court who shall, subject to the proviso hereto, on being satisfied as to its genuineness, record such memorandum in a special register, and thereupon the memorandum shall for all purposes be enforceable as a judgment of the Court:
no such memorandum shall be recorded before twenty-one days after the despatch, by registered post, by the Clerk of the Court of notice to the parties interested; and
where a workman seeks to record a memorandum of agreement between his employer and himself for a payment of compensation under this Law and the employer proves by affidavit that the workman has in fact returned to work and is earning wages as he did before the accident, and objects to the recording of such memorandum, the memorandum shall only be recorded, if at all, on such terms as the Judge under the circumstances may think just.