85Amount of weekly payments

85 Amount of weekly payments

(1)  The weekly payments to which a person is entitled to be paid in accordance with section 84(1) are, if the person is totally incapacitated for work, weekly payments equal to whichever of the following is the greater:

(a) the normal weekly earnings of the person;

(b) the ordinary time rate of pay of the person for the work in which, and for the hours during which, the person was engaged during the relevant period.

(2)  The weekly payments to which a person is entitled in accordance with section 84(1) are, if the person is partially incapacitated for work, weekly payments for the period of incapacity equal to the difference between –

(a) the amount of weekly payment to which the person would have been entitled under subsection (1) if he or she had been totally incapacitated; and

(b) the amount that the person is earning, or would be able to earn in suitable employment or business, during the period of incapacity.

(3)  If, during the period of incapacity of the person, the ordinary hourly rate of pay –

(a) for the work in which the person was engaged immediately before the commencement of that period; and

(b) for the hours during which the person was engaged immediately before the commencement of that period –

increases or decreases in accordance with the person's entitlement under the person's contract of employment or industrial instrument, the weekly payment to which the person is entitled is to be increased or decreased by the same amount.