(1) For the purposes of subsections 38(4) and 45(2), account must not be taken of a determination that the liability of an employer to make further payments to an employee under section 31, 33, 34, 35 or 36 is to be redeemed if the determination:
(a) is revoked by the employer; or
(b) is set aside by a tribunal or court.
(2) Paragraph (1)(b) does not apply if a further determination is made by a tribunal or court, being a determination under which the liability of the employer to make further payments to the employee under section 31, 33, 34, 35 or 36 is to be redeemed.