100Indexation—weekly payments

100 Indexation—weekly payments (1) Subject to this section, the amount of a weekly payment to a worker in respect of an injury under this Part must be varied, in respect of each year beginning on the anniversary of the day on which the worker became entitled to weekly payments in respect of that injury, by varying the amount of the worker's pre-injury average weekly earnings for the purposes of the calculation of the amount of the weekly payment in accordance with the formula— **A** is the amount of the worker's pre-injury average weekly earnings within the meaning of Division 2 of Part I or, if that amount has been varied in accordance with this section as in force for the time being, that amount as last so varied; **B** is the average weekly total earnings of all employees in Victoria in original terms for the most recent reference period published by the Australian Bureau of Statistics as at the 15th day of the month preceding the month in which the date on which the variation is made falls; **C** is the average weekly total earnings of all employees in Victoria in original terms for the corresponding reference period one year earlier than the reference period referred to in B published by the Australian Bureau of Statistics as at the 15th day of the same month referred to in B. (2) A variation of an amount of a worker's pre-injury average weekly earnings under this section does not take effect to the extent (if any) to which it increases that amount to more than 100 per cent of the worker's ordinary earnings (calculated in accordance with Division 2 of Part I) expressed as a weekly sum to which the worker would be entitled if he or she were employed in the same position or positions (if it or they can be identified) as he or she was employed in immediately before the injury, being the position or positions on the basis of which the calculation of the worker's pre-injury average weekly earnings was made. (3) In the case of a worker who became entitled to weekly payments before the commencement of section 10 of the **Accident Compensation (General Amendment) Act 1989**, the anniversary of the day on which the worker became so entitled is deemed, for the purposes of this section, to be 1 July. S. 100A inserted by No. 64/1989 s. 10, repealed by No. 67/1992 s. 23, new s. 100A inserted by No. 80/2010 s. 80, substituted by No. 67/2013 s. 631.