41Entitlement to weekly compensation after 26 weeks of

41 Entitlement to weekly compensation after 26 weeks of total incapacity (1) If a worker is entitled to receive weekly compensation under this section for a period, the worker is entitled to receive weekly compensation equal to— (a) if 100% of the worker’s average pre-incapacity weekly earnings is less than the pre-incapacity floor for the worker—100% of the worker’s average pre-incapacity weekly earnings; or (b) if 100% of the worker’s average pre-incapacity weekly earnings is more, but 65% of those earnings is less, than the pre-incapacity floor for the worker—the statutory floor; or

(c) if 65% of the worker’s average pre-incapacity weekly earnings is more than the pre-incapacity floor for the worker—whichever of the following is (at the time of payment) more: (i) 65% of the worker’s average pre-incapacity weekly earnings; (ii) the statutory floor. Example for par (c) Jim is injured at work and totally incapacitated for 14 weeks. After unsuccessfully attempting a return to work for 3 days, Jim is totally incapacitated for another 18 weeks. Jim is entitled under section 39 to compensation equal to his average pre-incapacity weekly earnings for the 14 weeks and the next 12 weeks of his total incapacity (making a total of 26 weeks not including the 3 days return to work). He is then entitled to be paid 65% of his pre-incapacity weekly earnings (or the statutory floor, if more at the time of payment) for the remaining period (6 weeks) he is totally incapacitated. pre-incapacity floor, for a worker, means the statutory floor that applied immediately before the initial incapacity date for the worker in relation to the injury.