Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 745

745 Saving of former s 39A for particular purposes

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

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

(a) made an application for compensation under section 132; and

(b) gave the insurer medical evidence about the terminal nature of the condition.

(2A) 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.

(3) 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.

(4) In this section—

"former" , for a provision of this Act, means the provision as in force from time to time before the commencement.