Workers Compensation Act 1987

On the expiration of a period of 3 months after an insurer first conducts a work capacity assessment of an existing recipient of weekly payments (as required under this Division or otherwise), the weekly payments amendments apply to the compensation payable under Division 2 of Part 3 of the 1987 Act to the worker in respect of any period of incapacity after the expiration of that period.

However, the weekly payments amendments do not apply to the compensation payable under Division 2 of Part 3 of the 1987 Act to the worker in respect of any period of incapacity during the first 26 weeks of incapacity.

For the purposes of the application under this clause of the weekly payments amendments to a worker, the worker’s pre-injury average weekly earnings are deemed to be equal to the transitional amount.

For the purposes of the application of the weekly payments amendments to the compensation payable under Division 2 of Part 3 of the 1987 Act to a worker in respect of any period of incapacity after the commencement of those amendments, a reference in that Division to a period in respect of which a weekly payment has been paid or is payable to a worker includes such a period that occurred before the commencement of those amendments (or before the application of those amendments to the compensation payable to the worker).