Statutory reimbursement liability survives repeal, but recovery is limited to sums actually paid and certified

A statutory reimbursement liability arising on the date of an employment injury is not extinguished by a later repeal of the enabling provision where the accident occurred before repeal. The employer remained liable to reimburse the Corporation under Section 66. However, "reimburse" was construed to cover only sums actually paid by the Corporation, so recovery was limited to amounts already disbursed up to the decree, with future reimbursement to follow as further periodical payments were made and certified, rather than permitting a lump-sum recovery of the actuarial value.

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Issues: (i) Whether the employer's liability to reimburse the Corporation under Section 66 survived the repeal of that provision when the accident had occurred before the repeal; (ii) whether the Corporation could recover only sums actually paid, rather than the entire actuarial value in a lump sum.

Issue (i): Whether the employer's liability to reimburse the Corporation under Section 66 survived the repeal of that provision when the accident had occurred before the repeal.

Analysis: The liability under Section 66 was held to arise on the date of the employment injury, because the statutory obligation to reimburse is linked to the occurrence of the accident and the Corporation's liability to make periodical payments. The later repeal of the section did not extinguish a liability that had already come into existence when the accident occurred.

Conclusion: The employer remained liable to reimburse the Corporation notwithstanding the repeal of Section 66.

Issue (ii): Whether the Corporation could recover only sums actually paid, rather than the entire actuarial value in a lump sum.

Analysis: The term "reimburse" was understood to mean repayment of sums already expended. The statutory scheme permitted recovery only to the extent of periodical payments already made by the Corporation, with further recovery to follow as and when additional payments were certified as having been made.

Conclusion: The Corporation could recover only the amount actually paid up to the date of decree, and future amounts as they were paid and certified, not the entire amount in a lump sum.

Final Conclusion: The appeal succeeded only in part: the employer's liability was upheld, but immediate recovery was confined to the amount already disbursed, with future reimbursements to follow the statutory scheme.

Ratio Decidendi: A statutory reimbursement liability arising on the date of an employment injury is not defeated by a later repeal of the enabling provision, and recovery under a reimbursement provision is limited to amounts actually paid unless the statute clearly authorises otherwise.

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