WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 35A
This legislation has been repealed.
WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 35A
35A—Weekly payments over designated periods
(1) Subject to this
Act, a worker is, in respect of a particular compensable injury, entitled to
weekly payments while incapacitated for work during the
first entitlement period as follows:
(a) for
any period when the worker has no current work capacity—the worker is
entitled to weekly payments equal to the worker's notional weekly earnings;
(b) for
any period when the worker has a current work capacity—the worker is
entitled to weekly payments equal to the difference between the worker's
notional weekly earnings and the worker's designated weekly earnings.
(2) Subject to this
Act, a worker is, in respect of a particular compensable injury, entitled to
weekly payments while incapacitated for work during the
second entitlement period as follows:
(a) for
any period when the worker has no current work capacity—the worker is
entitled to weekly payments equal to 90% of the worker's notional
weekly earnings;
(b) for
any period when the worker has a current work capacity—the worker is
entitled to weekly payments equal to 90% of the difference between the
worker's notional weekly earnings and the worker's designated weekly earnings.
(3) Subject to this
Act, a worker is, in respect of a particular compensable injury, entitled to
weekly payments while incapacitated for work during the
third entitlement period as follows:
(a) for
any period when the worker has no current work capacity—the worker is
entitled to weekly payments equal to 80% of the worker's
notional weekly earnings;
(b) for
any period when the worker has a current work capacity—the worker is
entitled to weekly payments equal to 80% of the difference between the
worker's notional weekly earnings and the worker's designated weekly earnings.
(4) For the purposes
of this section, but subject to subsection (5)
, the "designated weekly earnings" of a worker will be taken to be—
(a) the
current weekly earnings of the worker in employment or self-employment; or
(b) the
weekly earnings that the Corporation determines that the worker could earn
from time to time (including, but not limited to, the amount of any current
weekly earnings) in employment, whether in the worker's employment previous to
the relevant injury or in suitable employment, that the Corporation determines
the worker is capable of performing despite the injury,
whichever is the greater, but not to include a prescribed benefit under subsection (6)
.
will not apply to a worker who has a current work capacity during any period
or periods during which the worker is incapacitated for work and in which
either of the following circumstances apply:
(a) the
employer has failed to provide the worker with suitable employment and the
worker is making every reasonable effort to return to work in suitable
employment;
(b) the
worker is participating in a rehabilitation and return to work plan which
reasonably prevents the worker from returning to employment.
(6) The following are
"prescribed benefits" for the purposes of subsection (4)
:
(a) any
amount paid to the worker by the Corporation or a self-insured employer in
respect of an employment program provided or arranged by the Corporation or
self-insured employer for the purposes of this Act;
(b) any
of the following received by the worker from an employer:
(i)
any payment, allowance or benefit related to annual or
other leave;
(ii)
any payment, allowance or benefit paid or conferred by
the employer on the worker's retirement;
(iii)
any payment, allowance or benefit paid or conferred under
a superannuation or pension scheme;
(iv)
any payment, allowance or benefit paid or conferred on
the retrenchment, or in relation to the redundancy, of the worker;
(c) any
other payment, allowance or benefit of a prescribed kind.