Section 37 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection

37 Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection (1) The date on which a person suffers personal injury caused by a work-related gradual process, disease, or infection is the earlier of the following dates: (a) the date on which the person first receives treatment from a medical practitioner or nurse practitioner for that personal injury as that personal injury: (b) the date on which the personal injury first results in the person's incapacity. (2) Subsection (1) applies subject to subsection (3) . (3) A person suffers his or her personal injury on the date specified in subsection (4) if he or she suffers 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) . (4) A person to whom subsection (3) applies must be regarded as having suffered his or her personal injury on 1 July 1992, unless he or she actually suffers it on a date later than 1 July 1992 determined under subsection (1) . (5) This section is subject to clause 55(2) of Schedule 1 (which relates to the entitlement to lump sum compensation for personal injury caused by a work-related gradual process, disease, or infection in circumstances described in that provision). Compare: 1998 No 114 s 45 Section 37(1)(a): amended, on 1 August 2008, by section 13 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). Subsection (1)(a) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “ registered ” . See sections 178 to 227 of that Act as to the transitional provisions.