Section 151V — Workers Compensation Act 1987 (NSW)

(1) Section 151A (Election—damages or “Table of Disabilities” compensation) does not apply—
(a) in respect of an injury received before 4 pm on 30 June 1989, or
(b) in respect of an injury received at or after that time and before the commencement of section 151A (but that section does apply in respect of any such injury if the person concerned accepts payment of permanent loss compensation after the commencement of that section).
(2) If a person commences proceedings to recover damages, or accepts payment of damages, in respect of an injury to which section 151A does not so apply—
(a) the person is not entitled to any permanent loss compensation claimed but not yet received, and
(b) the amount of any such compensation previously paid is to be deducted from those damages.
(3)

Related sections

• s 151S — Court to apportion damages etc
• s 151T — Costs
• s 151U — Modified common law to apply from 30 June 1987
• s 151W — Time limit for commencement of court proceedings extended
• s 151X — Insurance policies to cover retrospective claims
• s 151Y — Funding of self-insurers, government employers etc for retrospective claims

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