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s 86

Meaning of pre-injury earning capacity—person with new work arrangement

In force
Chapter 2Motor accident injuries—defined benefits
Part 2.4Defined benefits—income replacement benefits
Division 2.4.1Income replacement benefits—important concepts

86 Meaning of pre-injury earning capacity—person with new work arrangement

(1)

In this Act:

pre-injury earning capacity, for a person with a new work arrangement, means the weekly amount of the following agreed to be paid to the injured person under the arrangement:

(a)

if the person will be an employee under the arrangement—the person’s gross income as an employee;

(b)

if the person will be self-employed under the arrangement—the person’s net income as a self-employed person.

(2)

In this section:

person with a new work arrangement means a person injured in a motor accident who, on the date of the motor accident—

(a)

has an arrangement—

(i)

with an employer or other person to undertake employment; or

(ii)

to start business as a self-employed person on or after the date of the motor accident; but

(b)

is not any of the following:

(i)

an ongoing employee mentioned in section 81;

(ii)

a self-employed person mentioned in section 82;

(iii)

a casual worker mentioned in section 83;

(iv)

an apprentice, trainee or young person mentioned in section 99;

(v)

a person mentioned in section 84 receiving workers compensation;

(vi)

a person mentioned section 85 on unpaid leave;

(vii)

a full-time student mentioned in section 87.

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