Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 232W

When election of no effect

232W When election of no effect

(1) This section applies if—
(a) the worker elects to seek treatment, care and support damages for the worker’s injury; and
(b) any of the following happens—
(i) a court decides, under section 232X , not to sanction the election;
(ii) a court makes an order, under section 232Y , preventing the worker from being awarded treatment, care and support damages for the injury;
(iii) a court decides, or the worker and insurer agree by way of settlement, that—
(A) the worker is guilty of contributory negligence in relation to the claim for damages; and
(B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more.
(2) The election is taken not to have been made.



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