138ABClaims for damages

138AB Claims for damages

[Section 138AB of Part X Inserted by No. 99 of 2000, s. 70, Applied:01 Jul 2001] [Section 138AB Subsection (1) amended by No. 42 of 2007, s. 36, Applied:01 Jul 2001] [Section 138AB Subsection (5) amended by No. 65 of 2004, s. 31, Applied:17 Dec 2004] [Section 138AB Substituted by No. 85 of 2009, s. 45, Applied:01 Jul 2010]

(1)  A settlement by agreement of a claim for damages in respect of an injury to a worker for which compensation is payable under this Act is void unless the threshold requirement is met in relation to the injury.

(2)  A person may not commence proceedings for an award of damages in respect of an injury to a worker for which compensation is payable under this Act, unless the threshold requirement is met in relation to the injury.

(3)  The threshold requirement is met in relation to an injury if –

(a) there has been provided to the Tribunal a statement in writing, signed by a medical practitioner, certifying that, in the opinion of the practitioner, the degree of permanent impairment of the worker resulting from the injury is not less than 20% of the whole person; and

(b) the Tribunal has determined that the degree of permanent impairment of the worker resulting from the injury is not less than 20% of the whole person.

(4)  The threshold requirement is met in relation to an injury suffered by a worker if –

(a) the injury is an injury to which section 71(3) applies; and

(b) there has been provided to the Tribunal a statement in writing, signed by a medical practitioner, certifying that the injury is an injury to which section 71(3) applies.

(5)  [Section 138AB Subsection (5) amended by No. 39 of 2017, s. 34, Applied:01 Jan 2018] An assessment of the degree of the worker's permanent impairment for the purposes of this section is to be carried out in accordance with or .