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Workers Compensation Act 1951
35When is a worker taken to be totally incapacitated?
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35 When is a worker taken to be totally incapacitated?
(1) In this Act, a worker is taken to be totally incapacitated for work if—
(a) a doctor certifies that the worker is partially incapacitated for
work; and
(b) the partial incapacity prevents the worker from performing the
duties the worker performed before becoming incapacitated; and
(c) the employer cannot provide appropriate alternative
(d) the worker cannot find appropriate alternative employment.
(2) For subsection (1), the worker is taken to be totally incapacitated from
the time when the worker became partially incapacitated until 1 of the
following happens:
(a) the worker becomes totally incapacitated;
(b) the employer provides the worker with appropriate alternative
employment;
(c) the worker finds appropriate alternative employment.