Victorian Current Acts Victorian Current Acts(1) Subject to this section, the Commission is liable to pay to a person who as a result of a transport accident—
(a) suffers a severe injury and a degree of impairment that is 50 per centum or more which would otherwise entitle the person to payments under section 49, 50 or 51; and
(b) has had his or her employment terminated or can no longer sustain his or her self‑employment—
a weekly payment under this section.
(2) The Commission is not liable to make a payment to a person under this section if the person unreasonably refuses to participate in—
(a) a rehabilitation program that is approved by the Commission and provided by a rehabilitation service; or
(b) a vocational rehabilitation program that is approved by the Commission and provided by a vocational rehabilitation service.
(3) Subject to subsection (4), a person's entitlement to a payment under this section ceases if he or she receives a reasonable offer of suitable employment.
(4) If a person to whom this section applies—
(a) takes up a reasonable offer of suitable employment; and
(b) has his or her employment terminated or can no longer sustain his or her self‑employment—
the Commission is liable to pay to the person a weekly payment under this section.
(5) A weekly payment under this section must not exceed whichever is the lesser of—
(a) $965; or
(b) an amount equal to 80 per centum of whichever is the greater of the person's pre‑termination weekly earnings or the person's pre-accident earnings.
(6) If a person receives a weekly payment under this section, the person is not entitled to receive a payment under section 49, 50, 50A or 51.
(7) In this section—
"pre-termination weekly earnings" in relation to an earner (other than a self-employed person) has the same meaning as pre-accident weekly earnings has in section 4(1) except that relevant day means the day on which the post accident employment was terminated;
"pre-termination weekly earnings" in relation to an earner who is a self-employed person has the same meaning as pre-accident weekly earnings has in section 5 except that the relevant period is the period of 12 months immediately preceding the day on which the person can no longer sustain his or her self-employment.