(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 —
agreement with respect to the election is registered under section 76; or
order of an arbitrator is made with respect to the amount of compensation
payable under the election,
whichever is the
(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 by No. 42 of 2004