Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 349

Calculation of limitation of actions period within which proceedings may be commenced

For the purpose of calculating the period of time under the Limitation of Actions Act 1958 within which proceedings permitted by, and in accordance with, this Division may be commenced, the following periods of time are to be disregarded—

        (a)     if the degree of permanent impairment of the worker resulting from the injury is to be determined, the period of time commencing on the day a claim for compensation under Division 5 of Part 5 or under section 98C of the Accident Compensation Act 1985 is lodged and ending 30 days after—

              (i)     the Authority or self-insurer advises the worker of the determination under section 201(1) or 206 or under section 104B of the Accident Compensation Act 1985 ; or

              (ii)     the Authority or self-insurer notifies the worker of the decision of the Medical Panel—

whichever is applicable;

        (b)     if the worker elects to make an application under section 328(2), the period of time commencing on the day on which the application is made and ending on the day on which proceedings are commenced in accordance with section 333(1)(e).



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