39Entitlement to weekly compensation for first 26 weeks of

39 Entitlement to weekly compensation for first 26 weeks of incapacity (1) This section applies if a worker is incapacitated (whether totally or partially) because of a compensable injury. (2) The worker is entitled to receive weekly compensation under this section for any period on or after the initial incapacity date that the worker is incapacitated because of the injury. (3) However, the worker is not entitled to weekly compensation under this section for the injury— (a) for a period of longer than, or for periods (whether or not continuous) totalling more than, 26 weeks; or (b) if the worker was, on the initial incapacity date for the injury, younger than the pension age by more than 2 years—for any period after the worker reaches pension age; or (c) if the worker was, on the initial incapacity date for the injury, younger than the pension age by 2 years or less—for any period more than 2 years after the initial incapacity date; or (d) if the worker was, on the initial incapacity date for the injury, pension age or older—for any period more than 2 years after the initial incapacity date. (4) The worker’s entitlement under this section is worked out as follows: (a) for any period during which the person is totally incapacitated during the period of entitlement—the worker’s average pre-incapacity weekly earnings; (b) for any period during which the person is partially incapacitated during the period of entitlement—the difference between— (i) the worker’s average pre-incapacity weekly earnings; and (ii) the average weekly amount that the worker is being paid for working or could earn in reasonably available suitable employment. (5) For this section, in working out the average weekly amount the worker could earn, consideration may be given to the following: (a) suitable employment that the worker unreasonably rejects; (b) suitable employment that the worker obtains but unreasonably discontinues.