New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016 - REG 5C

5C COVID-19--matters relating to incapacity

(1) For the purposes of section 19B(5)(a) of the 1987 Act, the relevant date is the later of--

(a) the date that is 21 days after the date of the injury, or

(b) if a medical practitioner issues a certificate of capacity certifying that the worker still has COVID-19 on that date--the date that marks the end of the expected duration of the worker's incapacity for work as a result of COVID-19 that is specified in the certificate.

(2) Section 32A of the 1987 Act is modified by adding the following subsection at the end of the section--

(3) For the purposes of applying this Division to a worker referred to in section 19B(5), a reference in section 19B(5) to a worker being incapable of work is a reference to the worker having a total incapacity for work and no current work capacity.

(3) Subclauses (4) and (5) apply--

(a) to a worker the subject of a presumption under section 19B(1) of the 1987 Act in relation to whom the presumption under section 19B(5) of the 1987 Act is rebutted (a
"relevant worker" ), and

(b) for the purposes of Division 2 of Part 3 of the 1987 Act.

(4) To avoid doubt, section 33 of the 1987 Act applies to a relevant worker with a total or partial incapacity for work resulting from the worker's COVID-19 infection.

(5) A relevant worker to whom section 33 of the 1987 Act does not otherwise apply is taken to be partially incapacitated for work and to have current work capacity as a result of COVID-19 during the worker's isolation period if the worker's actual gross weekly earnings from paid employment during that period are--

(a) less than the gross weekly amount that the worker had the capacity to earn in the worker's pre-injury employment immediately before the injury, or

(b) nil.

(6) For the purposes of applying Division 2 of Part 3 of the 1987 Act to a relevant worker, the current weekly earnings of the worker in relation to a week are the worker's actual gross earnings in respect of that week, and clause 8 of Schedule 3 to the 1987 Act in its application to the worker is taken to be modified accordingly.

(7) In this clause--

"isolation period" in relation to a worker means the period for which the worker is required by a medical practitioner to isolate following the worker's diagnosis of COVID-19.