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Workers Compensation Act 1951
40Entitlement to weekly compensation after first 26 weeks
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40 Entitlement to weekly compensation after first 26 weeks
of incapacity
(a) a worker is incapacitated (whether totally or partially) because
of a compensable injury; and
(b) the worker has received weekly compensation under section 39
for the injury for a period of, or periods (whether or not
continuous) totalling, 26 weeks.
(2) The worker is entitled to receive weekly compensation under
section 41 (Entitlement to weekly compensation after 26 weeks of
total incapacity) for any period after the 26-week period when the
worker is totally incapacitated.
(3) The worker is entitled to receive weekly compensation under
section 42 (Entitlement to weekly compensation after 26 weeks of
partial incapacity) for any period after the 26-week period when the
worker is partially incapacitated.
(4) However, the worker is not entitled to weekly compensation for the
(a) 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
(b) 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
(c) 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.