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[Section 37 Repealed by No. 16 of 1995, s. 30 ]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 (1) (a) 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) , 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 (1) (a) may be referred, by either party to the dispute, to the Tribunal for determination.