Relevance of this question

Relevance of this question

Section 40 of the 1971 Act provides for lump-sum compensation in respect of loss of sexual organs or capacity.  This question is testing s 40(2) which prevents payment of compensation under the section if the member dies within three months after the date of injury.

Section 40(2) states:

40(2)This section does not apply in relation to an injury where that injury or another injury sustained at the same time results in the death of the employee within three months after the date of that injury or those injuries.

Note that s 40(2) would now only very rarely arise in practice, if ever, because the date of injury must have been before 1 December 1988 and the client's death must have occurred within 3 months of that injury (ie. before 1 March 1989).