Deduction for previous injuries and pre-existing conditions and abnormalities
19 Deduction for previous injuries and pre-existing conditions and abnormalities
The amendments made by the WorkCover Legislation Amendment Act 1996 that amended sections 68 and 68A and repealed section 71 are taken to have had effect from the commencement of this Act, but not so as to affect—
any award of compensation made before the date of commencement of the amendments, or
any compensation that a worker has received or agreed to receive before that date, or
any award of, or compromise or settlement of a claim for, damages made before that date, or
any court proceedings commenced by a worker for damages from the worker’s employer (or other person referred to in section 150) before that date.
If compensation has been paid or has become payable under section 16 of the former Act for a loss of a thing, section 68A applies to the determination of compensation under Division 4 of Part 3 of this Act for a further loss of that thing regardless of whether the description of the loss in section 16 of the former Act differs from the corresponding description of the loss in the Table to Division 4 of Part 3.
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