Australian Capital Territory Current Acts

WORKERS COMPENSATION ACT 1951 - SECT 40

    (1)     This section applies if—

        (a)     a worker is incapacitated (whether totally or partially) because of a compensable injury; and

        (b)     the worker has received weekly compensation under section 39 for the injury for a period of, or periods (whether or not continuous) totalling, 26 weeks.

    (2)     The worker is entitled to receive weekly compensation under section 41 (Entitlement to weekly compensation after 26 weeks of total incapacity) for any period after the 26-week period when the worker is totally incapacitated.

    (3)     The worker is entitled to receive weekly compensation under section 42 (Entitlement to weekly compensation after 26 weeks of partial incapacity) for any period after the 26-week period when the worker is partially incapacitated.

    (4)     However, the worker is not entitled to weekly compensation for the injury—

        (a)     if the worker was, on the initial incapacity date for the injury, younger than the pension age by more than 2 years—for any period after the worker reaches pension age; or

        (b)     if the worker was, on the initial incapacity date for the injury, younger than the pension age by 2 years or less—for any period more than 2 years after the initial incapacity date; or

        (c)     if the worker was, on the initial incapacity date for the injury, pension age or older—for any period more than 2 years after the initial incapacity date.