WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 306J
When earnings can not be precisely calculated
WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 306J
When earnings can not be precisely calculated
306J When earnings can not be precisely calculated
(1) This section applies
if a court is considering making an award of damages for loss of earnings that
are unable to be precisely calculated by reference to a defined weekly loss.
(2) The court may only award damages if it is satisfied that the worker has
suffered or will suffer loss having regard to the person’s age, work
history, actual loss of earnings, any permanent impairment and any other
relevant matters.
(3) If the court awards damages, the court must state the
assumptions on which the award is based and the methodology it used to arrive
at the award.
(4) The limitation mentioned in section 306I(2) applies to an
award of damages under this section.
