Victorian Current Acts

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 358

    (1)     This section applies if—

        (a)     a worker dies after serving proceedings issued in reliance on section 357 to commence proceedings, in accordance with Division 2; and

        (b)     the worker's death was not caused or materially contributed to by the injury to which the proceedings relate; and

        (c)     at the time of the worker's death, the worker had a dependant or dependants within the meaning of section 348(9).

    (2)     If this section applies—

        (a)     the legal personal representative of the deceased worker may continue the proceedings referred to in subsection (1)(a); and

        (b)     proceedings referred to in subsection (1)(a) are taken to be, and are limited to, an application served under section 335(2)(d) by the worker before the worker's death; and

        (c)     subject to paragraph (d), section 348 applies to the proceedings referred to in subsection (1)(a); and

        (d)     despite section 348(3), (4) and (5), for the purposes of the assessment of serious injury, the assessment must be made as at the date the proceedings referred to in subsection (1)(a) were served.

        Division 4—Administration by a trustee