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ACCIDENT COMPENSATION ACT 1985 - SECT 93CD Continuation of weekly payments after second entitlement period

ACCIDENT COMPENSATION ACT 1985 - SECT 93CD

Continuation of weekly payments after second entitlement period

    (1)     A worker who has a current work capacity and is, or has been, entitled to compensation in the form of weekly payments under this Division, may make an application at any time, in accordance with this section, to the Authority or self-insurer, in a form approved by the Authority, for a determination that the worker's entitlement to weekly payments does not, or will not, cease by reason only of the expiry of the second entitlement period.

    (2)     An application must be made—

        (a)     if liability to pay the weekly payments lies with the employer (not being a self-insurer or a subsidiary of a self-insurer) or the Authority—to the Authority;

        (b)     if liability to pay the weekly payments lies with a self-insurer—to the self-insurer.

    (3)     If the Authority or self-insurer receives an application under subsection (1), the Authority or self-insurer must, within 28 days after receiving the application—

        (a)     approve or reject the application; and

        (b)     advise the worker in writing of its determination; and

        (c)     if the Authority or self-insurer rejects the application, give the worker a statement of the reasons for its determination.

    (4)     The Authority or self-insurer must not approve an application under subsection (1) unless it is satisfied that—

S. 93CD(4)(a) amended by Nos 80/2010 ss 50(2)(g), 82(u), 67/2013 s. 632(u).

        (a)     the worker has returned to work (whether in self-employment or other employment) for a period of not less than 15 hours per week and is in receipt of current weekly earnings, or current weekly earnings together with non-pecuniary benefits within the meaning of section 5AB(1)(d), of at least $177 per week; and

        (b)     because of the injury, the worker is, and is likely to continue indefinitely to be, incapable of undertaking further additional employment or work which would increase the worker's current weekly earnings.

    (5)     If the Authority or self-insurer approves an application made under subsection (1), the worker's entitlement to compensation in the form of weekly payments commences on the date the Authority or self-insurer received the application and, subject to and in accordance with this Part and Part VIIB, the worker is entitled to weekly payments at the rate of—

        (a)     in the case of a pre-12 November 1997 claimant—

              (i)     the difference between 80 per cent of the worker's pre-injury average weekly earnings and 80 per cent of the worker's current weekly earnings; or

S. 93CD(5)

(a)(ii) amended by Nos 80/2010 s. 82(v), 67/2013 s. 632(v).

              (ii)     the difference between $1210 and 80 per cent of the worker's current weekly earnings—

whichever is the lesser;

        (b)     in the case of a worker whose claim was first given, served or lodged on or after 12 November 1997 and before 5 April 2010—

              (i)     the difference between 80 per cent of the worker's pre-injury average weekly earnings and 80 per cent of the worker's current weekly earnings; or

S. 93CD(5)

(b)(ii) amended by Nos 80/2010 s. 82(w), 67/2013 s. 632(w).

              (ii)     the difference between $1510 and 80 per cent of the worker's current weekly earnings—

whichever is the lesser;

        (c)     in the case of a claim first given, served or lodged on or after 5 April 2010—

S. 93CD(5)

(c)(i) amended by No. 80/2010 s. 50(2)(h).

              (i)     the difference between 80 per cent of the worker's pre-injury average weekly earnings, less the deductible amount and 80 per cent of the worker's current weekly earnings; or

              (ii)     the difference between twice the State average weekly earnings and 80 per cent of the worker's current weekly earnings—

whichever is the lesser.

    (6)     A worker continues to be entitled to compensation in the form of weekly payments under subsection (5) until—

        (a)     subject to section 93CDA, the Authority or self-insurer ceases to be satisfied as to the matters referred to in subsection (4); or

        (b)     the worker otherwise ceases to be entitled to compensation in the form of weekly payments.

S. 93CDA inserted by No. 9/2010 s. 35.