240Application—pt 5.3

240 Application—pt 5.3 (1) This part applies to a person injured in a motor accident if the (a) has made a successful claim for workers compensation benefits in relation to the injury; and (b) has given the respondent a notice of claim under the Civil Law (Wrongs) Act 2002, section 51 (Notice of claim). Note The Civil Law (Wrongs) Act 2002, s 51 (3) sets out the period within which a notice of claim must be given to the respondent to the claim. (2) This part does not apply to a person injured in a motor accident who has made a successful claim for workers compensation benefits in relation to the injury if— (a) the person has been assessed as having a WPI of at least 10% as a result of the motor accident; and (b) the assessment— (i) was conducted by a private medical examiner in accordance with the WPI assessment guidelines; but (ii) was not conducted under division 2.6.3 (Quality of life benefits—WPI assessment). private medical examiner—see section 145. successful claim for workers compensation benefits, by an injured person in relation to an injury—see section 239 (4).

Part 5.3 WPI assessment—claimant receiving workers compensation