(6) If the Associate Judge of the Supreme Court does S. 135BA(6) grant the orders referred to in subsection (3), the amended by No. 24/2008 worker can only recover damages in accordance s. 74(b). with section 134AB, 135A or 135AC if the worker establishes that the worker has a serious injury within the meaning of section 134AB(38) or 135A(19). S. 135BBA 135BBA Actions by terminally ill workers continued after inserted by death of worker No. 9/2010 s. 62. (1) This section applies if— (a) a worker dies after serving proceedings issued in reliance on section 135BA to commence proceedings, in accordance with section 134AB; 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 134ABAA(8). (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) S. 135BBA (2)(b) are taken to be, and are limited to, an amended by application served under section 134AB(16) Nos 80/2010 s. 97, 43/2012 by the worker before the worker's death; and s. 3(Sch. item 1.4). (c) subject to paragraph (d), section 134ABAA applies to the proceedings referred to in subsection (1)(a); and
S. 135BA(6) amended by No. 24/2008 s. 74(b). (6) If the Associate Judge of the Supreme Court does grant the orders referred to in subsection (3), the worker can only recover damages in accordance with section 134AB, 135A or 135AC if the worker establishes that the worker has a serious injury within the meaning of section 134AB(38) or 135A(19). S. 135BBA inserted by No. 9/2010 s. 62. 135BBA Actions by terminally ill workers continued after death of worker (1) This section applies if— (a) a worker dies after serving proceedings issued in reliance on section 135BA to commence proceedings, in accordance with section 134AB; 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 134ABAA(8). (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 S. 135BBA (2)(b) amended by Nos 80/2010 s. 97, 43/2012 s. 3(Sch. item 1.4). (b) proceedings referred to in subsection (1)(a) are taken to be, and are limited to, an application served under section 134AB(16) by the worker before the worker's death; and (c) subject to paragraph (d), section 134ABAA applies to the proceedings referred to in subsection (1)(a); and