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s 240

Application—pt 5.3

In force
Chapter 5Motor accident injuries—common law damages
Part 5.3WPI assessment—claimant receiving workers compensation

240 Application—pt 5.3

(1)

This part applies to a person injured in a motor accident if the person—

(a)

has made a successful claim for workers compensation benefits in relation to the injury; and

(b)

has given the respondent a notice of claim under the Civil Law (Wrongs) Act 2002, section 51 (Notice of claim).

Note The Civil Law (Wrongs) Act 2002, s 51 (3) sets out the period within which a notice of claim must be given to the respondent to the claim.

(2)

This part does not apply to a person injured in a motor accident who has made a successful claim for workers compensation benefits in relation to the injury if—

(a)

the person has been assessed as having a WPI of at least 10% as a result of the motor accident; and

(b)

the assessment—

(i)

was conducted by a private medical examiner in accordance with the WPI assessment guidelines; but

(ii)

was not conducted under division 2.6.3 (Quality of life benefits—WPI assessment).

(3)

In this section:

private medical examiner—see section 145.

successful claim for workers compensation benefits, by an injured person in relation to an injury—see section 239 (4).

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