23Working out average pre-incapacity weekly hours for

23 Working out average pre-incapacity weekly hours for non-contractor (1) In working out average pre-incapacity weekly hours for a worker who is not a contractor— (a) if the worker was, immediately before the injury, employed by 2 or more employers—the worker’s work hours from all employment must be taken into account; and (b) the actual weekly work hours of the worker over a period of up to 1 year before the injury may be taken into account. (2) However, if it is not possible to work out fair average pre-incapacity weekly hours for the worker under subsection (1) because the worker has only been employed for a short time, because of the terms of the worker’s employment or for some other reason, the worker’s average pre-incapacity weekly hours may be worked out by reference to the average weekly hours being worked by— (a) others in the same employment who perform similar work at the same grade as the worker; or (b) if there is no-one mentioned in paragraph (a) in the same employment—others in the same class of employment as the worker, who perform similar work at the same grade as the