sec.151Total incapacity—workers whose employment is not governed by industrial instrument

### sec.151 Total incapacity—workers whose employment is not governed by industrial instrument The compensation payable to a totally incapacitated worker whose employment is not governed by an industrial instrument is, for each week— for the first 26 weeks of the incapacity, the greater of the following— 85% of the worker’s NWE; 80% of QOTE; and from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following— 75% of the worker’s NWE; 70% of QOTE; and from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity— if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following— 75% of the worker’s NWE; 70% of QOTE; or otherwise—an amount equal to the single pension rate. However, the amount must not be more than the worker’s NWE. s 151 amd 2004 No. 45 s 22 ; 2005 No. 50 s 19 ; 2007 No. 52 s 9 ; 2013 No. 52 s 56 sch 1 (retro) (sec.151-ssec.1) The compensation payable to a totally incapacitated worker whose employment is not governed by an industrial instrument is, for each week— for the first 26 weeks of the incapacity, the greater of the following— 85% of the worker’s NWE; 80% of QOTE; and from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following— 75% of the worker’s NWE; 70% of QOTE; and from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity— if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following— 75% of the worker’s NWE; 70% of QOTE; or otherwise—an amount equal to the single pension rate. (sec.151-ssec.2) However, the amount must not be more than the worker’s NWE. - (a) for the first 26 weeks of the incapacity, the greater of the following— (i) 85% of the worker’s NWE; (ii) 80% of QOTE; and - (i) 85% of the worker’s NWE; - (ii) 80% of QOTE; and - (b) from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following— (i) 75% of the worker’s NWE; (ii) 70% of QOTE; and - (i) 75% of the worker’s NWE; - (ii) 70% of QOTE; and - (c) from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity— (i) if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following— (A) 75% of the worker’s NWE; (B) 70% of QOTE; or (ii) otherwise—an amount equal to the single pension rate. - (i) if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following— (A) 75% of the worker’s NWE; (B) 70% of QOTE; or - (A) 75% of the worker’s NWE; - (B) 70% of QOTE; or - (ii) otherwise—an amount equal to the single pension rate. - (i) 85% of the worker’s NWE; - (ii) 80% of QOTE; and - (i) 75% of the worker’s NWE; - (ii) 70% of QOTE; and - (i) if a worker demonstrates to the insurer that the injury could result in a DPI of more than 15%—the greater of the following— (A) 75% of the worker’s NWE; (B) 70% of QOTE; or - (A) 75% of the worker’s NWE; - (B) 70% of QOTE; or - (ii) otherwise—an amount equal to the single pension rate. - (A) 75% of the worker’s NWE; - (B) 70% of QOTE; or