(21A) If after a worker has failed to satisfy a court that S. 134AB(21A) the relevant injury is a serious injury on an inserted by No. 102/2004 application for leave to bring proceedings in s. 6(3). accordance with subsection (16)(b), the worker obtains under section 104B determinations that the degree of impairment of the worker is 30 percentum or more, the worker is not entitled to recover damages for the same relevant injury. (22) A court must not, in proceedings in accordance with this section, award to a worker in respect of an injury— (a) pecuniary loss damages— S. 134AB(22) (i) if the total pecuniary loss damages (a)(i) assessed, before the reduction (if any) amended by under section 26(1) of the Nos 102/2004 Wrongs s. 40(e), Act 1958 and before the reduction 80/2010 (if any) under subsection (25), is less ss 81(b), 83(d), 67/2013 than $56 650 or that amount as varied s. 633(d). in accordance with Division 2D of Part IV as at the date of the award; or S. 134AB(22) (ii) in excess of $1 275 570 or that (a)(ii) amount as varied in accordance with amended by Nos 102/2004 Division 2D of Part IV as at the date of s. 40(f), the award; or 80/2010 ss 81(b), 83(e), 67/2013 s. 633(e). (b) pain and suffering damages— (i) if the total pain and suffering damages S. 134AB(22) (b)(i) assessed, before the reduction (if any) amended by Nos 102/2004 under section 26(1) of the Wrongs s. 40(g), Act 1958 and before the reduction 80/2010 ss 81(c), 83(f), (if any) under subsection (25), is less 67/2013 than $54 730 or that amount as varied s. 633(f). in accordance with Division 2D of Part IV as at the date of the award; or
S. 134AB(21A) inserted by No. 102/2004 s. 6(3). (21A) If after a worker has failed to satisfy a court that the relevant injury is a serious injury on an application for leave to bring proceedings in accordance with subsection (16)(b), the worker obtains under section 104B determinations that the degree of impairment of the worker is 30 percentum or more, the worker is not entitled to recover damages for the same relevant injury. (22) A court must not, in proceedings in accordance with this section, award to a worker in respect of an injury— (a) pecuniary loss damages— S. 134AB(22) (a)(i) amended by Nos 102/2004 s. 40(e), 80/2010 ss 81(b), 83(d), 67/2013 s. 633(d). (i) if the total pecuniary loss damages assessed, before the reduction (if any) under section 26(1) of the Wrongs Act 1958 and before the reduction (if any) under subsection (25), is less than $56 650 or that amount as varied in accordance with Division 2D of Part IV as at the date of the award; or S. 134AB(22) (a)(ii) amended by Nos 102/2004 s. 40(f), 80/2010 ss 81(b), 83(e), 67/2013 s. 633(e). (ii) in excess of $1 275 570 or that amount as varied in accordance with Division 2D of Part IV as at the date of the award; or (b) pain and suffering damages— S. 134AB(22) (b)(i) amended by Nos 102/2004 s. 40(g), 80/2010 ss 81(c), 83(f), 67/2013 s. 633(f). (i) if the total pain and suffering damages assessed, before the reduction (if any) under section 26(1) of the Wrongs Act 1958 and before the reduction (if any) under subsection (25), is less than $54 730 or that amount as varied in accordance with Division 2D of Part IV as at the date of the award; or
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