s. 135BBA injury arising out of or in the course of, or due to the nature of, employment or an unrelated medical condition or injury gives rise to an imminent risk of death of the worker. (5) If the Associate Judge of the Supreme Court does S. 135BA(5) amended by not grant the orders referred to in subsection (3), No. 24/2008 the Associate Judge of the Supreme Court must s. 74(b). make an order that the proceedings be struck out on the grounds that this section does not apply and that the proceedings have not been brought in accordance with section 134AB or 135A. (6) If the Associate Judge of the Supreme Court does S. 135BA(6) amended by grant the orders referred to in subsection (3), the 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). 135BBA Actions by terminally ill workers continued after S. 135BBA 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).
injury arising out of or in the course of, or due to the nature of, employment or an unrelated medical condition or injury gives rise to an imminent risk of death of the worker. S. 135BA(5) amended by No. 24/2008 s. 74(b). (5) If the Associate Judge of the Supreme Court does not grant the orders referred to in subsection (3), the Associate Judge of the Supreme Court must make an order that the proceedings be struck out on the grounds that this section does not apply and that the proceedings have not been brought in accordance with section 134AB or 135A. 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 s. 135BBA (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).
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