Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 50A

Loss of earning capacity-after return to work

50A. Loss of earning capacity-after return to work



(1) If a person who has received a weekly payment under section 49 or 50 in
respect of a transport accident-

   (a)  returns to work; and

   (b)  subsequently suffers total or partial loss of earning capacity as a
        result of the same transport accident; and





   (c)  during the return to work has an earning capacity greater than the
        amount calculated in accordance with the definition of pre-accident
        earning capacity in section 49(5)-

that definition applies for the purposes of section 49 and 50 as modified by
subsection (2).

(2) The modifications are-

   (a)  For the purposes of "A", the relevant amount is the amount of the
        greater earning capacity;

   (b)  For the purposes of "B", the relevant date is the later of 15 June in
        the last preceding financial year or the 15 June next following the
        date on which the greater earning capacity is demonstrated;

   (c)  For the purposes of "C", the relevant date is the 15 June next
        following the date on which the greater earning capacity is
        demonstrated.