Section 38 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Date on which person is to be regarded as suffering treatment injury

38 Date on which person is to be regarded as suffering treatment injury (1) The date on which a person suffers a treatment injury is the date on which the person first seeks or receives treatment for the symptoms of that personal injury. (2) Subsection (1) applies even if it was not known, at the time the treatment was first sought or received for the symptoms, that previous treatment was the cause of the symptoms. (3) In subsection (1) , treatment (where that term appears for the second time) means treatment of a type that the person is entitled to under this Act or a former Act. (4) This section is subject to clause 55(3) of Schedule 1 (which relates to the entitlement to lump sum compensation for treatment injuries in the circumstances described in that provision). Section 38 was substituted, as from 1 July 2005, by section 14 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).