A worker who undergoes surgery for a pre-existing workplace injury after the designated day (1 July 2015) suffers a 'new injury' under cl 29(2) of the Transitional Provisions, losing the benefit of cl 37's extended entitlement period for existing injuries. The relation-back requirement in s 7(6) deems the surgical injury to constitute part of the original work injury, and the 104-week entitlement under s 39 runs from the date of first incapacity for the original injury — potentially expiring before the surgery is performed. There is no right of election to claim for the existing injury independently of the new injury. The only amelioration is the supplementary income support for incapacity from surgery under s 40, limited to 13 weeks.
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