Commonwealth Consolidated Acts

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SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 22

Compensation where employee is maintained in a hospital

  (1)   Where:

  (a)   as a result of an injury, an employee (other than an employee to whom section   20, 21 or 21A applies) is maintained as a patient in a hospital, nursing home or similar place and has been so maintained for a continuous period of not less than one year; and

  (b)   there are no prescribed persons or prescribed children who are dependent on the employee;

Comcare is liable to pay compensation to the employee in respect of the injury of such amount, for each week during which the employee is so maintained, as is determined by Comcare having regard to:

  (c)   the present and probable future needs and expenses of the employee; and

  (d)   the period during which the employee is likely to be such a patient;

but the amount so determined shall not be less than one - half of, nor more than, the amount per week of compensation that would have been payable to the employee under section   19, 20, 21 or 21A, as the case requires, had that section applied to the employee.

  (2)   In this section, prescribed person , in relation to an employee, has the same meaning as in section   19.


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