sec.232WWhen election of no effect

### sec.232W When election of no effect This section applies if— the worker elects to seek treatment, care and support damages for the worker’s injury; and any of the following happens— a court decides, under section 232X , not to sanction the election; a court makes an order, under section 232Y , preventing the worker from being awarded treatment, care and support damages for the injury; a court decides, or the worker and insurer agree by way of settlement, that— the worker is guilty of contributory negligence in relation to the claim for damages; and the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more. The election is taken not to have been made. s 232W ins 2016 No. 44 s 30 (sec.232W-ssec.1) This section applies if— the worker elects to seek treatment, care and support damages for the worker’s injury; and any of the following happens— a court decides, under section 232X , not to sanction the election; a court makes an order, under section 232Y , preventing the worker from being awarded treatment, care and support damages for the injury; a court decides, or the worker and insurer agree by way of settlement, that— the worker is guilty of contributory negligence in relation to the claim for damages; and the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more. (sec.232W-ssec.2) The election is taken not to have been made. - (a) the worker elects to seek treatment, care and support damages for the worker’s injury; and - (b) any of the following happens— (i) a court decides, under section 232X , not to sanction the election; (ii) a court makes an order, under section 232Y , preventing the worker from being awarded treatment, care and support damages for the injury; (iii) a court decides, or the worker and insurer agree by way of settlement, that— (A) the worker is guilty of contributory negligence in relation to the claim for damages; and (B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more. - (i) a court decides, under section 232X , not to sanction the election; - (ii) a court makes an order, under section 232Y , preventing the worker from being awarded treatment, care and support damages for the injury; - (iii) a court decides, or the worker and insurer agree by way of settlement, that— (A) the worker is guilty of contributory negligence in relation to the claim for damages; and (B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more. - (A) the worker is guilty of contributory negligence in relation to the claim for damages; and - (B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more. - (i) a court decides, under section 232X , not to sanction the election; - (ii) a court makes an order, under section 232Y , preventing the worker from being awarded treatment, care and support damages for the injury; - (iii) a court decides, or the worker and insurer agree by way of settlement, that— (A) the worker is guilty of contributory negligence in relation to the claim for damages; and (B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more. - (A) the worker is guilty of contributory negligence in relation to the claim for damages; and - (B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more. - (A) the worker is guilty of contributory negligence in relation to the claim for damages; and - (B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more.