Section 118 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Disentitlement because proceedings brought: personal injury caused by work-related gradual process, disease, or infection

118 Disentitlement because proceedings brought: personal injury caused by work-related gradual process, disease, or infection (1) The Corporation must not provide a claimant with entitlements for personal injury caused by a work-related gradual process, disease, or infection, if— (a) subsections (2) and (3) apply to the claimant; or (b) subsections (2) and (4) apply to the claimant; or (c) subsections (2) and (5) apply to the claimant. (2) This subsection applies to a claimant who suffered the personal injury because, before 1 April 1974, he or she performed a task, or was employed in an environment, in the circumstances described in section 30(2) . (3) This subsection applies to a claimant who— (a) commenced, before 1 April 1993, any proceedings relating to his or her personal injury, other than under this Act; and (b) has received or is entitled to receive a sum of money, irrespective of the amount, as a result of the proceedings. (4) This subsection applies to a claimant who has received, other than under subsection (3) , a sum of money, irrespective of the amount, by way of damages, compensation, or settlement of any claim for his or her personal injury, other than under this Act. (5) This subsection applies to a claimant who— (a) commenced, before 1 April 1993, any proceedings relating to his or her personal injury, other than under this Act; and (b) has not discontinued the proceedings; and (c) is entitled, because of section 318(3) , to complete the proceedings. Compare: 1998 No 114 s 119 Subsection (1) was amended, as from 11 May 2005, by section 60(6) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45) by substituting the words “ must not ” for the words “ is not liable to ” .