PART XI INJURY FUND AND ASSESSMENTS — Charges to other classes
128
(1) Where it appears to the satisfaction of the commission that a worker of an employer in a class is injured or killed owing to the negligence of an employer or of a worker of an employer in another class, the commission may direct that all or a portion of the cost of the claim in that case be charged against the last-mentioned class.
128(2)
Where the commission has adopted a program of assessment or rate modification under section 117 for classes of industry, and it appears to the satisfaction of the commission that a worker has been injured or killed owing to the negligence of another employer or a worker of another employer, the commission may direct that the costs of the claim be included in the experience account of that employer and, where the employers are in different classes, charged to the class in which that employer is included in the same manner as if those costs had been spent in respect of a worker of that employer.
128(3)
Where it appears to the satisfaction of the commission that the injury to or death of the worker is due to the negligence of 2 or more persons, one of whom may be the worker, the commission may direct
128(a)
that the costs of the claim be included and charged in the experience accounts and classes of the employers who, or whose workers, were negligent in proportion to the degree of negligence of each person involved; or
128(b)
where the commission is of the opinion that it cannot establish different degrees of negligence, that the costs of the claim be included and charged in the same manner in the experience accounts and classes of the employers involved in equal proportions.
128(4)
Subsections (1) to (3) do not affect a right of action or indemnity an employer may have against another employer arising out of a contract or agreement made between the employers.
Not legal advice. Verify the cited article against the signed agreement.