In some cases, it is a matter of fine judgment whether a claim in respect of a medical condition should be treated as a new claim or simply as a further element of an existing claim. Some broad rules can be stated, but, at the margin, the issue must be determined by the Delegate having regard to all of the facts of the case and the available medical evidence.
Where a condition is accepted as founding a new claim, the client is entitled to a fresh 45 week period of incapacity paid at NWE.
Similarly, if a condition is accepted as founding a new claim and the injury occurs after the client turned 63, the client is entitled to 104 weeks of incapacity compensation (whether consecutive or not) because of beneficial amendments to S23 of the Act which commenced on 1 October 2001.