Weekly payments after 130 weeks—primary psychological injury of at least 21% but less than 25%
39B Weekly payments after 130 weeks—primary psychological injury of at least 21% but less than 25%
This section applies to an injured worker in relation to a primary psychological injury if—
the degree of permanent impairment resulting from the injury is at least 21% but less than 25%, and
the second entitlement period in relation to the injury has expired.
The injured worker is entitled to compensation after the second entitlement period if—
the worker—
has applied to the insurer, in the form approved by the Authority, for continuation of weekly payments after the second entitlement period, and
has been assessed by the insurer as having no work capacity, or
the worker—
has applied to the insurer, in the form approved by the Authority, for continuation of weekly payments after the second entitlement period, and
has been assessed by the insurer as having current work capacity, and
has returned to work for at least 15 hours per week, and
has current weekly earnings of at least $225 per week.
Note—
See also the 1998 Act, sections 53(1A) and 53A in relation to the return to work intensive support program established by the Authority to provide vocational support to injured workers entitled to compensation under this section.
An insurer must, for the purpose of assessing an injured worker’s entitlement to weekly payments under this section, ensure that a work capacity assessment of the worker is conducted during the last 52 weeks of the second entitlement period.
Note—
An insurer may conduct a work capacity assessment of a worker at any time. The Workers Compensation Guidelines may also require a work capacity assessment to be conducted.
Subject to subsection (7) and section 34, the weekly payment of compensation to which an injured worker is entitled under this section is the lesser of the following rates—
60% of the worker’s pre-injury average weekly earnings, less the worker’s current weekly earnings,
the maximum weekly compensation amount, less the worker’s current weekly earnings.
Note—
Section 34(1AA) provides that a weekly payment of compensation under this subdivision must not exceed the maximum weekly compensation amount set out in section 34(1).
An injured worker has no entitlement to weekly payments of compensation under this section in relation to a primary psychological injury after an aggregate period of 182 weeks, whether or not consecutive, for which a weekly payment has been paid or is payable to the worker in relation to the primary psychological injury.
A worker’s entitlement to compensation under this section may be reassessed at any time.
The regulations may provide for an alternative method of calculating weekly payment of compensation to which an injured worker is entitled under this section.
This section does not apply to a worker with highest needs.
This provision refers to the regulations (The regulations may provide
). Made under this Act:
- Insurance Premiums Order (January–June) 2006 · Regulation
- Insurance Premiums Order (January–June) 2007 · Regulation
- Insurance Premiums Order (January–June) 2008 · Regulation
29 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandum
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