574.1. Unless the Commission agrees to charge to the fund the obligations of an employer who is personally liable for the payment of benefits under the Workers’ Compensation Act (chapter A-3), the employer remains liable for the payment of benefits for a recurrence, relapse or aggravation of an injury or disease resulting from an industrial accident suffered or an occupational disease reported by one of the employer’s workers while the employer was personally liable for the payment of benefits. This section is declaratory. However, it cannot operate to prevent an employer who is personally liable for the payment of benefits under the Workers’ Compensation Act from being declared, under a final judgment of an administrative tribunal or a court of justice, not personally liable for the payment of benefits for a recurrence, relapse or aggravation suffered by one of the employer’s workers, as long as the employer contested a decision of the Commission holding the employer liable for the payment of those benefits before 14 November 2006.