Workers’ Compensation and Rehabilitation Act 2003

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

the worker has previously been given a notice of assessment in relation to the injury, whether or not the notice states that the worker has sustained permanent impairment from the injury; and

at any time after the notice is given, the worker’s pneumoconiosis score for the injury increases and falls within a higher pneumoconiosis band; and

if a settlement for damages has been agreed, or judgment for damages has been given, for the injury—the settlement or judgment does not include damages to compensate the worker for the future progression of the injury.

For subsection (1)(c), 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.