Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 163

Weekly payments after the second entitlement period

    (1)     Subject to section 165, a worker's entitlement to compensation in the form of weekly payments under this Part ceases upon the expiry of the second entitlement period unless the worker is assessed by the Authority or self-insurer as having no current work capacity and likely to continue indefinitely to have no current work capacity.

    (2)     A worker to whom subsection (1) applies is entitled, subject to and in accordance with this Act, to compensation in the form of weekly payments, at the rate of—

        (a)     the difference between 80 per cent of the worker's pre-injury average weekly earnings, less the deductible amount and, if the worker has current weekly earnings, 80 per cent of those current weekly earnings; or

        (b)     the difference between twice the State average weekly earnings, less, if the worker has current weekly earnings, 80 per cent of those current weekly earnings—

whichever is the lesser.

    (3)     A review of the assessment of a worker to whom subsection (1) applies may be conducted by the Authority or self-insurer at any time and must be conducted as often as may reasonably be necessary and in any event at least once every 2 years.



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