Where a worker is diagnosed with a disease that is physiologically distinct in kind and consequences from a previously diagnosed condition, the incapacity from the later-diagnosed disease is not 'known' for the purposes of s 135AC(b) until the later diagnosis is made, even if the worker was aware of significant respiratory symptoms attributable to the earlier condition. A single misadventure in the course of employment may produce more than one serious injury, and whether two disorders constitute the same or separate injuries is a question of fact and degree turning on their similarity or dissimilarity in physiological mechanism and consequent impairment.
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