Section 19: Agreement as to compensation

19. Agreement as to compensation (1) An employer and a workman may, after an injury in respect of which a claim to compensation has arisen, agree in writing as to an 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 that injury. (2) Subject to subsection (2A), where an amount of compensation has been agreed under subsection (1), or where the amounts of any weekly payment have been agreed or have been varied, suspended, or ended, or where any other matter under this Act has been determined by agreement, the Court may, where application is made by any person interested within 3 months after the date of the agreement, cancel it and may make such order (including an order to any sum already paid under the agreement) as in the circumstances may be thought just. (2A) The Court may act under subsection (2) only where it is proved that— (a) the sum paid or to be paid was or is grossly inadequate or excessive; (b) the agreement was obtained by fraud, undue influence, misrepresentation or other improper means sufficient at law for avoiding an agreement; or (c) the agreement was entered into in ignorance of, or under a mistake as to the true nature of the injury. (3) An agreement under this section may, on application to the Court, be made a judgment of the Court under this Act. (4) Where it is desired to have an agreement made a judgment of the Court, a memorandum of the agreement shall be sent by any interested party to the Magistrate of the Industrial Court who shall, subject to subsection (5), on being satisfied as to its genuineness, record the memorandum in a special register, and the memorandum shall for all purposes be enforceable as a judgment of the Court. W9 – 13 [Issue 1] Workmen’s Compensation Act (5) (a) No memorandum shall be recorded before 7 days after the despatch, by registered post, by the clerk of the Court of notice to the parties interested. (b) Where a workman seeks to record a memorandum of agreement between his employer and himself for the payment of compensation under this Act, and the employer proves by affidavit that the workman has in fact returned to work and is earning the same wages as he did before the accident, and objects to the recording of the memorandum, the memorandum shall only be recorded, if at all, on such terms as the Magistrate under the circumstances, thinks just.