Australian Capital Territory Consolidated Acts

WORKERS COMPENSATION ACT 1951 - SECT 35

    (1)     In this Act, a worker is taken to be totally incapacitated for work if—

        (a)     a doctor certifies that the worker is partially incapacitated for work; and

        (b)     the partial incapacity prevents the worker from performing the duties the worker performed before becoming incapacitated; and

        (c)     the employer cannot provide appropriate alternative employment; and

        (d)     the worker cannot find appropriate alternative employment.

    (2)     For subsection (1), the worker is taken to be totally incapacitated from the time when the worker became partially incapacitated until 1 of the following happens:

        (a)     the worker becomes totally incapacitated;

        (b)     the employer provides the worker with appropriate alternative employment;

        (c)     the worker finds appropriate alternative employment.