Entitlement to weekly payments
84 Entitlement to weekly payments
Subject to this Act, a person who has a compensable disease is entitled to be paid weekly payments under this Division for a period of incapacity if the Commissioner determines that the person is so entitled.
The Commissioner may determine that a person is entitled to be paid weekly payments under this Division for a period of incapacity if – the Commissioner has determined under section 70 an application for compensation by the person by determining that – the person is entitled to compensation; and the person has a non-imminently fatal asbestos-related disease; and the Commissioner has not determined under section 70 an application for compensation by the person by determining that – the person is entitled to compensation; and the person has an imminently fatal asbestos-related disease; and the Commissioner is satisfied, having regard to a medical certificate received from a medical practitioner, that the person is, for that period of incapacity, partially or totally incapacitated for work as a result of an asbestos-related disease; and the person is an eligible person in respect of the application for compensation.
For the purposes of subsection (2)(d), a person is an eligible person in respect of an application for compensation if, on the date on which the person makes the application – the person was employed as a worker for at least 2 months immediately before the person made the application; or the person – had, for a total of 6 months (whether or not the 6 months consist of consecutive periods) in the 12-month period before the application for compensation is made, been employed as a worker; and would have been employed as a worker on the date on which the person made the application for compensation, but for the effects of one or more asbestos-related diseases.
A person is not to be taken to be a worker for the purposes of subsection (3) if he or she is, under this Act, a worker for the purposes of that subsection by reason only of being a volunteer.
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