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WORKERS COMPENSATION ACT 1987 - SECT 41
Compensation for incapacity after second entitlement period resulting from surgery
41 Compensation for incapacity after second entitlement period resulting from
surgery
(1) An injured worker who suffers incapacity resulting from injury related
surgery is entitled to weekly payments of compensation (
"special compensation" ) as provided by this section in respect of that
incapacity when the incapacity occurs after the second entitlement period.
(2) The special compensation provided for by this section is payable at the
rate provided under section 37, as if the period of incapacity in respect of
which the special compensation is payable occurred during (not after) the
second entitlement period.
(3) Special compensation is not payable in respect
of any period of incapacity that occurs- (a) during the first 13 consecutive
weeks after the end of the second entitlement period, or
(b) more than 13
weeks after the surgery concerned, or
(c) during any period in respect of
which the worker is otherwise entitled to compensation after the
second entitlement period (under section 38).
(4) Surgery is
"injury related" if it is surgery that the worker undergoes in the course of
medical treatment provided to the worker as a result of an injury (the
"initial injury" ) received by the worker (being medical treatment for which
the insurer has accepted liability under this Part).
(5) The following
requirements must be satisfied for a worker to be eligible for the
special compensation provided for by this section- (a) the worker must have
received weekly payments of compensation in respect of the initial injury and
have had current work capacity prior to suffering the incapacity resulting
from the injury related surgery,
(b) the worker must have returned to work
after the initial injury (whether in self-employment or other employment) for
a period of not less than 15 hours per week and have been in receipt of
current weekly earnings (or current weekly earnings together with a deductible
amount) of at least $155 per week.
(6) This section does not limit section 52
(Termination of weekly payments on retiring age).
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