Victorian Current Acts Victorian Current ActsS. 163(1) substituted by No. 8/2024 s. 13(1).
(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 Authority or self-insurer determines that the worker—
(a) has no current work capacity and is likely to continue indefinitely to have no current work capacity; and
(b) has a whole person impairment of more than 20 per cent resulting from one or more compensable injuries.
(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.
S. 163(3) substituted by No. 8/2024 s. 13(2).
(3) If a worker is receiving compensation under subsection (2), the Authority or self‑insurer—
(a) may review the work capacity of the worker at any time; and
(b) must review the work capacity of the worker as often as reasonably necessary and not less than once every 2 years.