Victorian Current Acts Victorian Current ActsIf, after a worker has failed to satisfy a court that an injury is a serious injury on an application for leave to bring proceedings in accordance with section 335(2)(d), the worker obtains under Division 4 of Part 5 or under section 104B of the Accident Compensation Act 1985 determinations that the degree of impairment of the worker in respect of that injury is 30 per cent or more, the worker is not entitled to recover damages for that injury.