Meaning of pre-injury earning capacity—person on unpaid leave
85 Meaning of pre-injury earning capacity—person on unpaid leave
In this Act:
pre-injury earning capacity, for a person on unpaid leave, means the average weekly amount of the person’s gross income from paid work—
in the 52 weeks immediately before the person started the unpaid leave; or
if the person had a significant change in circumstances in relation to their paid work in the 52 weeks immediately before the person started the unpaid leave—for the period—
starting on the date the significant change happened; and
ending on the day before the person started the unpaid leave.
Examples—significant change
1 the person started work with a new employer
2 the person returned to work following unpaid leave of at least 8 weeks
3 the person increased their normal number of hours of work
4 the person received an increase in income based on the person’s work performance
In this section:
person on unpaid leave means a person injured in a motor accident who—
was on unpaid leave from paid work on the date of the motor accident; and
anticipated returning to paid work on a date after the motor accident.
This Act’s bill:Explanatory statementSecond reading speech
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