Victorian Current Acts Victorian Current Acts(1) A person who accepts a settlement under Subdivision 1 or 2 is not entitled, after accepting the settlement—
S. 119J(1)(a) amended by No. 80/2010 s. 78(o).
(a) to any further compensation or other payment under this Act (other than Division 2B of Part IV); or
(b) to recover damages in any proceedings against—
(i) a person whom the Authority is liable to indemnify under section 134; or
(ii) the Authority under section 134(8); or
(iii) an employer who is a self-insurer or a subsidiary of a self-insurer; or
(iv) an employer or the Authority; or
(v) a person whom the Authority is liable to indemnify under the Accident Compensation (WorkCover Insurance) Act 1993 ; or
(vi) the Authority under the Accident Compensation (WorkCover Insurance) Act 1993 —
in respect of the injury, any recurrence of the injury (other than a recurrence resulting from, or that is materially contributed to by, any employment engaged in after the date of the settlement) or any other injury arising out of, or in the course of, or due to the nature of, or contributed to by, any employment in which the person engaged before the date of the settlement.
(2) Despite subsection (1), the person remains entitled—
S. 119J(2)(a) amended by No. 80/2010 s. 78(o).
(a) to compensation for medical and the like services under Division 2B of Part IV in respect of the injury; and
(b) to compensation and damages in respect of any injury that was caused to the worker before the date of the settlement if that injury was not manifest on or before the date of the settlement; and
S. 119J(2)(c) amended by No. 21/2015 s. 3(Sch. 1 item 2.3).
(c) to compensation under section 98, 98A, 98C or 98E in respect of—
(i) an injury other than the injury to which the settlement relates; or
(ii) a recurrence of the injury to which the settlement relates (being an injury arising out of, or in the course of, or due to the nature of, or contributed to by, employment in which the person engaged before the date of the settlement)—
if the claim for that compensation had been given, served or lodged before the date on which the person's application for the settlement was given to the Authority or self-insurer.
(3) A person who accepts a settlement under Subdivision 3 or 4 is not entitled, after accepting the settlement—
S. 119J(3)(a) amended by No. 80/2010 s. 78(o).
(a) to any further compensation or other payment under this Act (other than Division 2B of Part IV); or
(b) to recover damages in any proceedings against—
(i) a person whom the Authority is liable to indemnify under section 134; or
(ii) the Authority under section 134(8); or
(iii) an employer who is a self-insurer or a subsidiary of a self-insurer; or
(iv) an employer or the Authority; or
(v) a person whom the Authority is liable to indemnify under the Accident Compensation (WorkCover Insurance) Act 1993 ; or
(vi) the Authority under the Accident Compensation (WorkCover Insurance) Act 1993 —
in respect of the injury, or in respect of any recurrence of the injury, other than a recurrence resulting from, or materially contributed to by, employment engaged in after the date of the settlement.
(4) Nothing in this section is intended to preclude or interfere with any right a person may have to recover compensation under the Sentencing Act 1991 .
(5) In this section, "recurrence" includes aggravation, acceleration, exacerbation, or deterioration.
S. 119K inserted by No. 82/2001 s. 3.