64Compensation during first 26 weeks of incapacity

64 Compensation during first 26 weeks of incapacity (1) This section applies to a worker who is totally or partially incapacitated for work as the result of an injury. (2) Subject to this section, the worker is entitled to be paid compensation as follows: (a) from the date on which a medical practitioner first certifies that the worker is totally or partially incapacitated for work and that the injury is the reason for, or materially contributed to, the incapacity;

Return to Work Act 1986 54 (b) in respect of any period during which the worker is certified by a medical practitioner to be totally or partially incapacitated for work, if the injury was the reason for, or materially contributed to, the incapacity. (3) The weekly amount of the compensation is calculated as the difference between the following amounts: (a) the amount that the worker actually earned in employment during the week; (b) the worker's normal weekly earnings immediately before the first compensation date. (4) The weekly amount is in addition to any other compensation to which the worker is entitled under this Part. (5) The maximum number of weeks during which compensation is payable under this section need not be a continuous period, but may be made up of more than one period of weeks, so long as the following conditions are met: (a) the total number of weeks does not exceed 26; (b) a medical practitioner certifies that the worker is totally or partially incapacitated during each of those weeks; (c) the injury was the reason for, or materially contributed to, the incapacity during each of those weeks; (d) the worker suffered actual economic loss during each of those weeks as a result of the incapacity. (5A) A reference in subsection (5) to a week, in relation to payment, or (6) If a worker retires before the end of a period during which the worker would otherwise be entitled to compensation under this section: (a) the retirement does not affect the worker's entitlement to (b) the weekly amount of compensation continues to be calculated after the retirement as if the worker's normal weekly earnings continued despite the retirement.

Return to Work Act 1986 55 (7) This section is subject to sections 65A and 65B.