WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 31I
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 31I
31I . Effect of election under s. 31H
(1) A form of election
referred to in section 31H(1) is not binding upon a worker unless the Director
is satisfied that it contains a statement in clear terms of the effect the
election will have on the worker’s future entitlements to compensation
under this Act.
(2) If not satisfied
in accordance with subsection (1), the Director is to, within 7 days of so
determining, notify the employer and the worker accordingly.
(3) Subject to this
Act, a worker who elects as provided by section 31H(1) is entitled to continue
to receive any weekly payments of compensation to which the worker is entitled
until —
(a) an
agreement with respect to the election is registered under section 76; or
(b) an
order of an arbitrator is made with respect to the amount of compensation
payable under the election,
whichever is the
sooner.
(4) Sections 31C and
31E do not limit the amount of compensation that is payable to a worker for
any period of incapacity resulting from the impairments or losses referred to
in those sections unless the worker elects under section 31H and an agreement
is registered or an order of an arbitrator is made with respect to the amount
of compensation payable pursuant to the election.
[Section 31I inserted: No. 42 of 2004 s. 21.]