103ARestriction on certain claims for compensation under sections 98 and 98A

103A Restriction on certain claims for compensation under sections 98 and 98A (1) If a worker makes a second or subsequent claim for compensation under section 98 or 98A, the worker is not entitled to compensation under that section in respect of an injury that would otherwise entitle the worker to compensation under this Act— (a) unless the injury was not manifest at the time the most recent previous claim was made; or (b) unless— (i) the injury had not stabilised at the time that the most recent previous claim was made; and (ii) that previous claim was accompanied by— (A) a written statement that identified the injury and that stated that the worker intended to claim compensation for the injury under section 98 or 98A after it had stabilised; and (B) a written medical report, dated not more than 3 months before the date that previous claim was given, served or lodged, that supported the existence of the injury and stated that the injury had not stabilised at the date of the report. (2) This section only applies in respect of second or subsequent claims for compensation that are made after the commencement of section 17 of the **Accident Compensation (Amendment) Act** **2001**. (3) This section does not apply to a worker who, at the time the claim for compensation was given, served or lodged— (a) was under 18 years of age; or (b) was not capable of managing his or her affairs in relation to the claim by reason of injury, disease, illness, dementia, intellectual impairment, physical disability or mental disorder. S. 104 substituted by Nos 50/1994 s. 50, 7/1996 s. 24(1).