Workers’ Compensation and Rehabilitation Act 2003

This subdivision applies to a worker who has sustained an injury that is pneumoconiosis if—

the worker has received either of the following for the injury—

lump sum compensation under subdivision 1;

further lump sum compensation under this subdivision; and

at any time after receiving the lump sum compensation, or further lump sum compensation, the worker’s pneumoconiosis score for the injury increases (the increased pneumoconiosis score) and falls within a higher pneumoconiosis band.

This subdivision also applies to a worker who has sustained an injury that is pneumoconiosis if—

a settlement for damages has been agreed, or judgment for damages has been given, for the injury; and

the settlement or judgment does not include damages to compensate the worker for the future progression of the injury; and

at any time after the settlement is agreed, or the judgment is given, the worker’s pneumoconiosis score for the injury increases (also the increased pneumoconiosis score) and falls within a higher pneumoconiosis band.

For subsection (2)(b), if the settlement or judgment does not expressly state that it includes damages to compensate the worker for the future progression of the injury, the settlement or judgment is taken not to include damages for that purpose.