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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3550 ..

(4) A worker stops being entitled to compensation under this section if the worker-

(a) stops being totally incapacitated; or

(b) returns to work; or

(c) reaches pension age; or

(d) dies.

(5) In this section:

124 pre -incapacity floor , for a worker, means the statutory floor that applied immediately before the worker's incapacity date.

8D Partially incapacitated workers up to 26 weeks after incapacity date

(1) This section applies if the worker is partially incapacitated because of a compensable injury.

(2) For 26 weeks after the incapacity date, the worker is entitled to receive weekly compensation equal to the difference between-

(a) the worker's average pre-incapacity weekly earnings; and

(b) the average weekly amount that the worker is being paid for working or could earn in reasonably available suitable employment.

(3) In working out the average weekly amount the worker could earn, consideration may be given to the following:

(a) suitable employment that the worker unreasonably rejects;

(b) suitable employment that the worker obtains but unreasonably discontinues.

8E Partially incapacitated workers after 26 weeks

(1) This section applies if-

(a) the worker is partially incapacitated because of a compensable injury; and

(b) 26 weeks have passed since the incapacity date.

(2) The worker is entitled to receive weekly compensation equal to the difference between the weekly amount the worker is being paid for working and-

(a) if 100% of the worker's average pre-incapacity weekly earnings is less than the statutory floor-100% of the worker's average pre-incapacity weekly earnings; or

(b) if the relevant percentage of the worker's average pre-incapacity weekly earnings is less than the statutory floor-the statutory floor; or

(c) if the relevant percentage of the worker's average pre-incapacity weekly earnings is more than the statutory ceiling-the statutory ceiling; or

(d) in any other case-the relevant percentage of the worker's average pre-incapacity weekly earnings.

(3) For subsection (2), the relevant percentage is-

(a) if the worker is not working or works 25% of the worker's average pre-incapacity weekly hours or less-65%; or

(b) if the worker is working more than 25% of the worker's average pre-incapacity weekly hours but not more than 50%-75%; or

(c) if the worker is working more than 50% of the worker's average pre-incapacity weekly hours but not more than 75%-85%; or

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