41Compensation for incapacity after second entitlement period resulting from surgery

#### 41 Compensation for incapacity after second entitlement period resulting from surgery 41 Compensation for incapacity after second entitlement period resulting from surgery > > (1) An injured worker who suffers incapacity resulting from injury related surgery is entitled to weekly payments of compensation (special compensation) as provided by this section in respect of that incapacity when the incapacity occurs after the second entitlement period. > > > (2) The special compensation provided for by this section is payable at the rate provided under section 37, as if the period of incapacity in respect of which the special compensation is payable occurred during (not after) the second entitlement period. > > > (3) Special compensation is not payable in respect of any period of incapacity that occurs— > > > > > (a) during the first 13 consecutive weeks after the end of the second entitlement period, or > > > > > (b) more than 13 weeks after the surgery concerned, or > > > > > (c) during any period in respect of which the worker is otherwise entitled to compensation after the second entitlement period (under section 38). > > > (4) Surgery is injury related if it is surgery that the worker undergoes in the course of medical treatment provided to the worker as a result of an injury (the initial injury) received by the worker (being medical treatment for which the insurer has accepted liability under this Part). > > > (5) The following requirements must be satisfied for a worker to be eligible for the special compensation provided for by this section— > > > > > (a) the worker must have received weekly payments of compensation in respect of the initial injury and have had current work capacity prior to suffering the incapacity resulting from the injury related surgery, > > > > > (b) the worker must have returned to work after the initial injury (whether in self-employment or other employment) for a period of not less than 15 hours per week and have been in receipt of current weekly earnings (or current weekly earnings together with a deductible amount) of at least $155 per week. > > > (6) This section does not limit section 52 (Termination of weekly payments on retiring age). > > **s 41:** Subst 2012 No 53, Sch 1.1 \[3\].