(19) For the purposes of subsection (16)(b)— (a) a court, other than the Magistrates' Court, must not give leave unless it is satisfied on the balance of probabilities that the injury is a serious injury; (b) for the purposes of proving a loss of earning capacity in accordance with subsection (38), a worker bears the onus of proving any inability to be retrained or rehabilitated or to undertake suitable employment or any employment including alternative or further or additional employment and the extent of such inability; * * * * * S. 134AB(19)(c) repealed by No. 9/2010 s. 57(2). S. 134AB(19A) (19A) Any finding made on an application for leave to inserted by bring proceedings in respect of the injury No. 9/2010 does not give rise to an issue estoppel in any s. 57(3). proceedings for the recovery of damages brought in accordance with this section which is heard and determined on and from the commencement of section 57(3) of the Accident Compensation Amendment Act 2010. S. 134AB(20) (20) If, on the application of a worker, the Authority is amended by satisfied that— No. 82/2001 s. 22(1)(b)(ii). (a) the worker is unable to commence S. 134AB (20)(a) proceedings in accordance with this amended by section because of the operation of No. 82/2001 s. 22(1)(b)(i). subsection (16)(b); and
(19) For the purposes of subsection (16)(b)— (a) a court, other than the Magistrates' Court, must not give leave unless it is satisfied on the balance of probabilities that the injury is a serious injury; (b) for the purposes of proving a loss of earning capacity in accordance with subsection (38), a worker bears the onus of proving any inability to be retrained or rehabilitated or to undertake suitable employment or any employment including alternative or further or additional employment and the extent of such inability; S. 134AB(19)(c) repealed by No. 9/2010 s. 57(2). * * * * * S. 134AB(19A) inserted by No. 9/2010 s. 57(3). (19A) Any finding made on an application for leave to bring proceedings in respect of the injury does not give rise to an issue estoppel in any proceedings for the recovery of damages brought in accordance with this section which is heard and determined on and from the commencement of section 57(3) of the Accident Compensation Amendment Act 2010. S. 134AB(20) amended by No. 82/2001 s. 22(1)(b)(ii). (20) If, on the application of a worker, the Authority is satisfied that— S. 134AB (20)(a) amended by No. 82/2001 s. 22(1)(b)(i). (a) the worker is unable to commence proceedings in accordance with this section because of the operation of subsection (16)(b); and
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