37Effect of failure to give notice of injury, &c.

### 37 Effect of failure to give notice of injury, &c. > *\[Section 37 Repealed by No. 16 of 1995, s. 30 \]* > > > (1)  The failure to give notice of injury in accordance with [section 32](#GS32@EN) [(1)](#GS32@Gs1@EN) [(a)](#GS32@Gs1@Hpa@EN) or any defect or inaccuracy in such a notice does not affect the worker's right to claim compensation under this Act if – > > > > > > (a) the failure or defect or inaccuracy was occasioned by mistake, absence from the State of the worker or other reasonable cause; and > > > > > > > (b) it is found in proceedings relating to the worker's right to claim compensation under this Act that the employer's defence is not prejudiced by reason of the failure. > > > (2)  Without limiting the generality of the expression ***reasonable cause*** in [subsection (1)](#GS37@Gs1@EN) , that expression includes – > > > > > > (a) the making of a payment to a worker that the worker believes to be a payment of compensation under this Act; and > > > > > > > (b) any representation that is made to a worker that the worker believes is made by or on behalf of the worker's employer to the effect that compensation under this Act will or will not be payable. > > > (3)  Any dispute relating to the failure of the worker to give notice of injury in accordance with [section 32](#GS32@EN) [(1)](#GS32@Gs1@EN) [(a)](#GS32@Gs1@Hpa@EN) may be referred, by either party to the dispute, to the Tribunal for determination.