deemed to be a serious injury within the meaning of this section. (16) If the assessment under section 104B of the degree of impairment of the worker as a result of the injury is less than 30 per centum, the person may not bring proceedings for the recovery of damages in respect of the injury unless— (a) the Authority or self-insurer— (i) is satisfied that the injury is a serious injury; and (ii) issues to the worker a certificate in writing consenting to the bringing of the proceedings; or (b) a court, other than the Magistrates' Court, on the application of the worker made within 30 days after the worker received advice under subsection (7) or, with the consent of the Authority under subsection (20), after that period, gives leave to bring the proceedings. (17) For the purposes of paragraphs (a) and (b) of subsection (16), a worker who satisfies subparagraph (i) of subsection (38)(b) but not subparagraph (ii) of that subsection, is entitled to bring proceedings in accordance with subsection (16)(b) for the recovery of damages for pain and suffering only. (18) A copy of an application under subsection (16) must be served on the Authority or self-insurer and on each person against whom the applicant claims to have a cause of action.
deemed to be a serious injury within the meaning of this section. (16) If the assessment under section 104B of the degree of impairment of the worker as a result of the injury is less than 30 per centum, the person may not bring proceedings for the recovery of damages in respect of the injury unless— (a) the Authority or self-insurer— (i) is satisfied that the injury is a serious injury; and (ii) issues to the worker a certificate in writing consenting to the bringing of the proceedings; or (b) a court, other than the Magistrates' Court, on the application of the worker made within 30 days after the worker received advice under subsection (7) or, with the consent of the Authority under subsection (20), after that period, gives leave to bring the proceedings. (17) For the purposes of paragraphs (a) and (b) of subsection (16), a worker who satisfies subparagraph (i) of subsection (38)(b) but not subparagraph (ii) of that subsection, is entitled to bring proceedings in accordance with subsection (16)(b) for the recovery of damages for pain and suffering only. (18) A copy of an application under subsection (16) must be served on the Authority or self-insurer and on each person against whom the applicant claims to have a cause of action.
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