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ACCIDENT COMPENSATION ACT 1985 - SECT 135BA

Actions by terminally ill workers

    (1)     This section applies if a worker who may have an entitlement to recover damages in accordance with section 134AB or 135A in respect of an injury arising out of or in the course of, or due to the nature of, employment believes that that injury or an unrelated medical condition or injury gives rise to an imminent risk of death.

    (2)     If this section applies, the worker may subject to compliance with the requirements of this section bring proceedings in accordance with—

        (a)     section 134AB without complying with the requirements of subsections (1) to (21) and subsections (27), (28) and (38) of that section; or

        (b)     section 135A without complying with subsections (1) to (6) and subsections (13), (13A), (18A) and (18B) of that section.

S. 135BA(3) amended by No. 24/2008 s. 74(a).

    (3)     If a worker commences proceedings under section 134AB or 135A on the basis that this section applies, the worker must within 30 days of the commencement of the proceedings apply to an Associate Judge of the Supreme Court—

        (a)     for an order allowing leave for the worker to proceed nunc pro tunc; and

        (b)     for an order allowing an expedited hearing of the proceedings.

S. 135BA(4) amended by No. 24/2008 s. 74(b).

    (4)     The Associate Judge of the Supreme Court must not grant the orders referred to in subsection (3) unless the Associate Judge of the Supreme Court is satisfied on the balance of probabilities that the injury arising out of or in the course of, or due to the nature of, employment or an unrelated medical condition or injury gives rise to an imminent risk of death of the worker.

S. 135BA(5) amended by No. 24/2008 s. 74(b).

    (5)     If the Associate Judge of the Supreme Court does not grant the orders referred to in subsection (3), the Associate Judge of the Supreme Court must make an order that the proceedings be struck out on the grounds that this section does not apply and that the proceedings have not been brought in accordance with section 134AB or 135A.

S. 135BA(6) amended by No. 24/2008 s. 74(b).

    (6)     If the Associate Judge of the Supreme Court does grant the orders referred to in subsection (3), the worker can only recover damages in accordance with section 134AB, 135A or 135AC if the worker establishes that the worker has a serious injury within the meaning of section 134AB(38) or 135A(19).

S. 135BBA inserted by No. 9/2010 s. 62.



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