Victorian Current Acts Victorian Current Acts(1) In relation to a claim made by a pre‑12 November 1997 claimant for compensation in the form of weekly payments, the worker is entitled, subject to and in accordance with this Part and Part VIIB, while incapacitated for work during the second entitlement period, to weekly payments—
(a) if the worker has a serious injury, at the rate of—
(i) the difference between 90 per cent of the worker's pre-injury average weekly earnings and 90 per cent of the worker's current weekly earnings; or
S. 93B(1)(a)(ii) amended by Nos 80/2010 s. 82(p), 67/2013 s. 632(p).
(ii) the difference between $1210 and 90 per cent of the worker's current weekly earnings—
whichever is the lesser;
S. 93B(1)(b) amended by No. 67/2013 s. 630(1)(h).
(b) if the worker does not have a serious injury but has no current work capacity and has no current weekly earnings, at the rate of—
(i) 80 per cent of the worker's pre-injury average weekly earnings; or
S. 93B(1)(b)(ii) amended by Nos 80/2010 s. 82(p), 67/2013 s. 632(p).
(ii) $1210—
whichever is the lesser;
S. 93B(1)(c) amended by No. 67/2013 s. 630(1)(i).
(c) if the worker does not have a serious injury but has a current work capacity or has no current work capacity but has current weekly earnings, at the rate of—
(i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and 80 per cent of the worker's current weekly earnings; or
S. 93B(1)(c)(ii) amended by Nos 80/2010 s. 82(p), 67/2013 s. 632(p).
(ii) the difference between $1210 and 80 per cent of the worker's current weekly earnings—
whichever is the lesser.
(2) In relation to a claim by a worker for compensation in the form of weekly payments first made in respect of the injury to which the claim relates on or after 12 November 1997 and before 5 April 2010, the worker is entitled, subject to and in accordance with this Part and Part VIIB, while incapacitated for work during the second entitlement period, to weekly payments—
S. 93B(2)(a) amended by No. 67/2013 s. 630(1)(j).
(a) if the worker has no current work capacity and no current weekly earnings, at the rate of—
(i) 80 per cent of the worker's pre-injury average weekly earnings; or
S. 93B(2)(a)(ii) amended by Nos 80/2010 s. 82(q), 67/2013 s. 632(q).
(ii) $1510—
whichever is the lesser;
S. 93B(2)(b) amended by No. 67/2013 s. 630(1)(k).
(b) if the worker has a current work capacity or has no current work capacity but has current weekly earnings, at the rate of—
(i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and 80 per cent of the worker's current weekly earnings; or
S. 93B(2)(b)(ii) amended by Nos 80/2010 s. 82(q), 67/2013 s. 632(q).
(ii) the difference between $1510 and 80 per cent of the worker's current weekly earnings—
whichever is the lesser.
(3) In relation to a claim by a worker for compensation in the form of weekly payments first made in respect of the injury to which the claim relates on or after 5 April 2010, the worker is entitled, subject to and in accordance with this Part and Part VIIB, while incapacitated for work during the second entitlement period, to weekly payments—
S. 93B(3)(a) amended by No. 67/2013 s. 630(1)(l).
(a) if the worker has no current work capacity and no current weekly earnings, at the rate of—
S. 93B(3)(a)(i) amended by No. 80/2010 s. 50(2)(c).
(i) 80 per cent of the worker's pre-injury average weekly earnings, less the deductible amount; or
(ii) twice the State average weekly earnings—
whichever is the lesser;
S. 93B(3)(b) amended by No. 67/2013 s. 630(1)(m).
(b) if the worker has a current work capacity or has no current work capacity but has current weekly earnings, at the rate of—
S. 93B(3)(b)(i) amended by No. 80/2010 s. 50(2)(d).
(i) the difference between 80 per cent of the worker's pre-injury average weekly earnings, less the deductible amount and 80 per cent of the worker's current weekly earnings; or
(ii) the difference between twice the State average weekly earnings and 80 per cent of the worker's current weekly earnings—
whichever is the lesser.
S. 93C inserted by No. 64/1989
s. 10, substituted by No. 67/1992
s. 15, amended by Nos 50/1993
s. 78(1)(c), 7/1996
s. 49(a)(d), substituted by No. 107/1997
s. 28, amended by Nos 81/1998 ss 23(a), 28, 102/2004 s. 20, 41/2006
s. 5(3), substituted by No. 9/2010 s. 31.