A worker who suffers a compensable injury under the repealed Workers Rehabilitation and Compensation Act 1986 (SA) and subsequently undergoes surgery after 1 July 2015 sustains a 'new injury' under cl 29(1)(b) or cl 29(2) of the transitional provisions. Section 7(6) of the Return to Work Act 2014 (SA) does not convert that surgical injury into an 'existing injury'. Accordingly, cl 37(6) does not preclude entitlement to weekly payments, and the worker's entitlement is determined under s 39(3) of the RTW Act. The decision leaves open whether a worker with an existing injury attributable solely to pre-RTW Act trauma who undergoes subsequent medical treatment loses cl 37 entitlements.
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