Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 50

Partial loss of earning capacity

50. Partial loss of earning capacity



(1) The Commission is liable to pay to an earner who, as a result of a
transport accident-

   (a)  is injured; and

   (b)  suffers partial loss of earning capacity-

a weekly payment in respect of that loss after the first 18 months after the
accident or after the earner ceases to be entitled to payments under section
44 or 45, whichever last occurs, while that loss continues.

(2) Subject to subsection (3), the amount of the weekly payment under this
section is-

   (a)  85 per centum of the difference between the earner's post-accident
        earning capacity and the earner's pre-accident earning capacity; or

   (b)  if the earner has no dependants-$270, less the earner's post-accident
        earning capacity; or



   (c)  if the earner has dependants-an amount equal to the sum of-

   (i)  $270; and

   (ii) $76 for one dependant; and

   (iii) $25 for each other dependant-

less the earner's post-accident earning capacity- whichever is the greater.

(3) A weekly payment under this section must not exceed-

   (a)  $504, less the earner's post-accident earning capacity; or



   (b)  100 per centum of the earner's pre-accident earning capacity, less the
        earner's post-accident earning capacity-

whichever is the lesser.

(4) A person who receives a weekly payment under this section in respect of a
transport accident must, within two months after each anniversary of the date
on which the person first received a payment under this section in respect of
that accident, give the Commission a statement of earnings in the prescribed
form with particulars about the person's earnings (if any) in the year
preceding that anniversary.

(5) In this section-

earner includes a person injured as a result of a transport accident who, at
the time of the accident was not an earner, but has attained the age of 18
years after the accident;

post-accident earning capacity in relation to an earner who suffers partial
loss of earning capacity as a result of an injury as a result of transport
accident, means the amount the Commission determines as the weekly amount
(less such amount as the Commission reasonably considers to be the amount of
income tax that would have been payable on that weekly amount under the
Income Tax Assessment Act 1936 of the Commonwealth as amended and in force for
the time being) the earner has the capacity to earn, despite the injury, in
employment reasonably available to the person having regard to-

   (a)  the nature of the injury and the degree of impairment; and

   (b)  the potential for rehabilitation and the person's ability to undertake
        rehabilitation; and

   (c)  the earner's training, skills and experience; and

   (d)  the age of the earner;

pre-accident earning capacity has the same meaning as in section 49.

(6) The Commission must not determine the post-accident earning capacity of an
earner at an amount greater than the actual weekly earnings of the earner
unless the Commission determines that the earner is capable, despite the
injury, of employment in respect of which the weekly earnings would be that
greater amount.

(7) Despite subsection (5), in the case of an earner who is participating in a
supported employment program in respect of any employment and who receives
more than $120 per week as earnings from that employment, this section applies
as if the earner's post-accident earning capacity was the amount of the
earner's earnings less $120.