sec.152Total incapacity—certain contract workers

### sec.152 Total incapacity—certain contract workers The compensation payable to a totally incapacitated contract worker is, for each week— for the first 26 weeks of the incapacity, the greater of the following— 85% of the worker’s NWE; the amount payable under the worker’s contract of service; 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 paid under subsection (1) (b) or (c) must not be more than the amount to which the worker would be entitled under subsection (1) (a) . In this section— contract worker means a worker employed under a contract of service— as a public service officer; or as an officer of a government entity; or by a university; or as a salaried employee in the electricity industry; or as a health service employee under the Hospital and Health Boards Act 2011 . s 152 amd 2004 No. 45 s 23 ; 2005 No. 50 s 20 ; 2007 No. 52 s 10 ; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ); 2013 No. 52 s 56 sch 1 (retro) (sec.152-ssec.1) The compensation payable to a totally incapacitated contract worker is, for each week— for the first 26 weeks of the incapacity, the greater of the following— 85% of the worker’s NWE; the amount payable under the worker’s contract of service; 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.152-ssec.2) However, the amount paid under subsection (1) (b) or (c) must not be more than the amount to which the worker would be entitled under subsection (1) (a) . (sec.152-ssec.3) In this section— contract worker means a worker employed under a contract of service— as a public service officer; or as an officer of a government entity; or by a university; or as a salaried employee in the electricity industry; or as a health service employee under the Hospital and Health Boards Act 2011 . - (a) for the first 26 weeks of the incapacity, the greater of the following— (i) 85% of the worker’s NWE; (ii) the amount payable under the worker’s contract of service; and - (i) 85% of the worker’s NWE; - (ii) the amount payable under the worker’s contract of service; 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) the amount payable under the worker’s contract of service; 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 - (a) as a public service officer; or - (b) as an officer of a government entity; or - (c) by a university; or - (d) as a salaried employee in the electricity industry; or - (e) as a health service employee under the Hospital and Health Boards Act 2011 .