Workers’ Compensation and Rehabilitation Act 2003

This section applies in relation to a condition that is a latent onset injury sustained by a worker on or after 31 January 2015.

Former section 39A continues to apply in relation to the condition if, before the commencement, the worker, or the worker’s dependants—

made an application for compensation under section 132; and

gave the insurer medical evidence about the terminal nature of the condition.

For subsection (2), it does not matter whether the application was decided, or lump sum compensation under section 128B or 128D was paid, before the commencement.

Also, former section 39A continues to apply in relation to a claim for damages for the injury if the worker has given the insurer a notice of claim before the commencement.

In this section—