sec.239AWorker with more than 1 injury from an event

### sec.239A Worker with more than 1 injury from an event This section applies to a claimant who is a worker mentioned in section 237 (1) (a) (ii) . The claimant can not have, and the insurer can not decide to have, the injury assessed under chapter 3 , part 10 to decide if the claimant has sustained a DPI. The insurer can not decide the claimant’s notice of claim does not comply with section 275 only because the claimant has not received a notice of assessment for the injury. However, the claimant may seek damages for the injury only if the insurer decides the claimant has sustained an injury. The insurer must make a decision for subsection (4) within 40 business days after— the claimant gives, or is taken to have given, a complying notice of claim; or the claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or a court makes a declaration under section 297 . The insurer must— notify the claimant of its decision for subsection (4) ; and if the insurer decides the claimant has not sustained an injury—give the claimant written reasons for the decision; and if the insurer is WorkCover—also give the information mentioned in paragraphs (a) and (b) to the claimant’s employer. If the insurer does not make a decision for subsection (4) within the time stated in subsection (5) — the insurer must, within 5 business days after the end of the time stated in subsection (5) , notify the claimant— of its reasons for not making the decision; and that the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 ; and the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 . A person aggrieved by the insurer’s decision may have the decision reviewed under chapter 13 . s 239A ins 2015 No. 13 s 7 (retro) (sec.239A-ssec.1) This section applies to a claimant who is a worker mentioned in section 237 (1) (a) (ii) . (sec.239A-ssec.2) The claimant can not have, and the insurer can not decide to have, the injury assessed under chapter 3 , part 10 to decide if the claimant has sustained a DPI. (sec.239A-ssec.3) The insurer can not decide the claimant’s notice of claim does not comply with section 275 only because the claimant has not received a notice of assessment for the injury. (sec.239A-ssec.4) However, the claimant may seek damages for the injury only if the insurer decides the claimant has sustained an injury. (sec.239A-ssec.5) The insurer must make a decision for subsection (4) within 40 business days after— the claimant gives, or is taken to have given, a complying notice of claim; or the claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or a court makes a declaration under section 297 . (sec.239A-ssec.6) The insurer must— notify the claimant of its decision for subsection (4) ; and if the insurer decides the claimant has not sustained an injury—give the claimant written reasons for the decision; and if the insurer is WorkCover—also give the information mentioned in paragraphs (a) and (b) to the claimant’s employer. (sec.239A-ssec.7) If the insurer does not make a decision for subsection (4) within the time stated in subsection (5) — the insurer must, within 5 business days after the end of the time stated in subsection (5) , notify the claimant— of its reasons for not making the decision; and that the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 ; and the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 . (sec.239A-ssec.8) A person aggrieved by the insurer’s decision may have the decision reviewed under chapter 13 . - (a) the claimant gives, or is taken to have given, a complying notice of claim; or - (b) the claimant gives a notice of claim for which the insurer waives compliance with the requirements of section 275 with or without conditions; or - (c) a court makes a declaration under section 297 . - (a) notify the claimant of its decision for subsection (4) ; and - (b) if the insurer decides the claimant has not sustained an injury—give the claimant written reasons for the decision; and - (c) if the insurer is WorkCover—also give the information mentioned in paragraphs (a) and (b) to the claimant’s employer. - (a) the insurer must, within 5 business days after the end of the time stated in subsection (5) , notify the claimant— (i) of its reasons for not making the decision; and (ii) that the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 ; and - (i) of its reasons for not making the decision; and - (ii) that the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 ; and - (b) the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 . - (i) of its reasons for not making the decision; and - (ii) that the claimant may have the insurer’s failure to make the decision reviewed under chapter 13 ; and