38Effect of failure to make claim

38 Effect of failure to make claim

(1)  [Section 38 Subsection (1) amended by No. 42 of 2007, s. 12, Applied:31 Oct 2007] *[Section 38 Subsection (1) amended by No. 44 of 1993, s. 25 ]*The failure to make a claim for compensation within the period prescribed by section 32(1)(b) , section 32(2) or section 32(2A) does not affect the validity of the claim if the failure was occasioned by mistake, absence from the State of the worker, or other reasonable cause.

(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 he believes to be a payment of compensation under this Act; and

(aa) [Section 38 Subsection (2) amended by No. 85 of 2009, s. 11, Applied:01 Jul 2010] a failure by the worker's employer to comply with section 33A in relation to the injury to which the worker's claim for compensation relates; and

(b) any representation that is made to a worker that he believes is made by or on behalf of his employer to the effect that compensation under this Act will or will not be payable.

(3)  [Section 38 Subsection (3) amended by No. 42 of 2007, s. 12, Applied:31 Oct 2007] *[Section 38 Subsection (3) amended by No. 50 of 1992, s. 10 ][Section 38 Subsection (3) amended by No. 44 of 1993, s. 25 ][Section 38 Subsection (3) amended by No. 16 of 1995, s. 91 and Sched. 1 ]*Any dispute relating to the failure of the worker to make a claim for compensation within the period prescribed by section 32(1)(b) , section 32(2) or section 32(2A) may be referred by either party to the dispute to the Tribunal for determination.