Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 36A

36A Date of injury

(1) This section applies if a person—

(a) is diagnosed by a doctor after the commencement of this section as having a latent onset injury; and

(b) applies for compensation for the latent onset injury.

(2) The following questions are to be decided under the relevant compensation Act as in force when the injury was sustained—

(a) whether the person was a worker under the Act when the injury was sustained;

(b) whether the injury was an injury under the Act when it was sustained.

(2A) However, subsection (2) (b) does not apply if the latent onset injury is a specified disease and section 36D applies to the person.

(3) Section 131 applies to the application for compensation as if the entitlement to compensation arose on the day of the doctor’s diagnosis.

(4) Subject to subsections (2) and (3) , this Act applies in relation to the person’s claim as if the date on which the injury was sustained is the date of the doctor’s diagnosis.

(5) To remove any doubt, it is declared that nothing in subsection (4) limits section 236 .

(6) Subsections (2) to (4) have effect despite section 603 .

(7) In this section—

"relevant compensation Act" means this Act or a former Act.