NSWIn ForceAct
Workers Compensation Act 1987
37Weekly payments during second entitlement period (weeks 14–130)
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#### 37 Weekly payments during second entitlement period (weeks 14–130)
37 Weekly payments during second entitlement period (weeks 14–130)
> > (1) The weekly payment of compensation to which an injured worker who has no current work capacity is entitled during the second entitlement period is to be at the rate of 80% of the worker’s pre-injury average weekly earnings.
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> > (2) The weekly payment of compensation to which an injured worker who has current work capacity and has returned to work for not less than 15 hours per week is entitled during the second entitlement period is to be at the lesser of the following rates—
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> > > (a) 95% of the worker’s pre-injury average weekly earnings, less the worker’s current weekly earnings,
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> > > (b) the maximum weekly compensation amount, less the worker’s current weekly earnings.
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> > (3) The weekly payment of compensation to which an injured worker who has current work capacity and has returned to work for less than 15 hours per week (or who has not returned to work) is entitled during the second entitlement period is to be at the lesser of the following rates—
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> > > (a) 80% of the worker’s pre-injury average weekly earnings, less the worker’s current weekly earnings,
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> > > (b) the maximum weekly compensation amount, less the worker’s current weekly earnings.
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> **s 37:** Am 1989 No 119, Sch 1 (2); 1989 No 133, Sch 3 (3); 1991 No 99, Sch 1 (3); 1994 No 10, Sch 5 (2); 1995 No 30, Sch 8 \[2\] \[3\]; 1998 No 130, Sch 5 \[2\]; 2001 No 61, Schs 1 \[2\], 6 \[26\]; 2010 No 19, Sch 3.126 \[1\] \[2\]. Subst 2012 No 53, Sch 1.1 \[3\]; 2018 No 62, Sch 3.1\[5\].