36Compensation for injuries resulting in incapacity where the employee rolled‑over the whole of a lump sum benefit

#### 36 Compensation for injuries resulting in incapacity where the employee rolled‑over the whole of a lump sum benefit (1) This section applies to an employee who: (a) has been incapacitated for work as a result of an injury; and (b) retired (whether voluntarily or otherwise) from his or her employment at any time after the commencement of this section; and (c) as a result of the retirement, receives a lump sum benefit under a superannuation scheme; and (d) rolled‑over the lump sum benefit into a superannuation fund or an approved deposit fund. (2) Compensation is payable to the employee for the injury under this section for each week after the date of the retirement during which the employee is incapacitated. (3) The amount of compensation is an amount worked out using the formula:  where: > Unadjusted amount of compensation means the amount of compensation that would have been payable to the employee for a week if: (a) section 31, other than subsection 31(8), had applied to the employee; and (b) the week were a week referred to in subsection 31(4). > Superannuation contributions means the amount of superannuation contributions that would have been required to be paid by the employee in that week if he or she were still contributing to the superannuation scheme. (4) In this section: > approved deposit fund has the same meaning as in section 34. > rolled‑over has the same meaning as in section 34. > superannuation fund has the same meaning as in section 34.