Victorian Current Acts Victorian Current Acts(1) Subject to subsection (4), if weekly payments are payable, compensation under this Division ceases after 52 weeks after the entitlement to weekly payments ceases, unless subsection (5) applies.
(2) Subject to subsection (4), if compensation is payable only under this Division, compensation under this Division ceases after 52 weeks after the entitlement arises, unless subsection (5) applies.
(3) Before compensation under subsection (1) or (2) ceases, the Authority or self-insurer—
(a) must give at least 28 days written notice to the worker; and
(b) must state in the notice—
(i) the reasons for giving the notice; and
(ii) the date when the entitlement will cease.
S. 99AD(4) amended by No. 67/2013 s. 630(9)(a).
(4) If a worker receives a settlement or award of pecuniary loss damages within the meaning of section 134AB or 135A of this Act or section 93 of the Transport Accident Act 1986 or accepts a voluntary settlement of weekly payments under Division 3A of Part IV of this Act in respect of an injury, the worker is entitled, subject to this Act, to continue to receive compensation under this Division.
(5) Compensation under this Division does not cease if—
(a) the worker has returned to work but—
S. 99AD
(5)(a)(i) amended by No. 67/2013 s. 630(9)(b) (as
amended by No. 44/2014 s. 24(27)).
(i) could not remain at work if a service under section 99(1) was not provided; or
(ii) surgery is required for the worker; or
(iii) the worker has a serious injury within the meaning of section 91E; or
(b) the worker requires modification of a prosthesis; or
(c) the service provided under section 99(1) is essential to ensuring that the worker's health or ability to undertake the necessary activities of daily living does not significantly deteriorate.
S. 99AE inserted by No. 80/2010 s. 77.