41Pre-existing injury or disease

41 Pre-existing injury or disease

(1) Subsection (2) applies if it is proved that, before commencing employment with the employer—

(a) a worker had a pre-existing injury or disease of which the worker was aware; and

(b) the employer in writing—

(i) advised the worker as to the nature of the proposed employment; and

(ii) requested the worker to disclose all pre‑existing injuries and diseases suffered by the worker of which the worker was aware and could reasonably be expected to foresee could be affected by the nature of the proposed employment; and

(iii) advised the worker that subsection (2) will apply to a failure to make such a disclosure or the making of a false or misleading disclosure; and

(iv) advised the worker as to the effect of subsection (2) on the worker's entitlement to compensation; and

(c) the worker failed to make such a disclosure or made a false or misleading disclosure.

(2) If this subsection applies, any recurrence, aggravation, acceleration, exacerbation or deterioration of the pre-existing injury or disease arising out of or in the course of or due to the nature of employment with the employer does not entitle the worker to compensation under this Act.