Workers Compensation Act 1951

In this Act, a worker is taken to be totally incapacitated for work if—

a doctor certifies that the worker is partially incapacitated for work; and

the partial incapacity prevents the worker from performing the duties the worker performed before becoming incapacitated; and

the employer cannot provide appropriate alternative employment; and

the worker cannot find appropriate alternative employment.

For subsection (1), the worker is taken to be totally incapacitated from the time when the worker became partially incapacitated until 1 of the following happens:

the worker becomes totally incapacitated;

the employer provides the worker with appropriate alternative employment;

the worker finds appropriate alternative employment.