sec.157Total incapacity

### sec.157 Total incapacity The compensation payable to a totally incapacitated person is a payment under this section. The payment for a person who is not in employment or self-employed is the amount (if any) that WorkCover considers is reasonable. However, the payment under subsection (2) must not be more than 70% of QOTE. The payment for a person who is employed, but not self-employed, is a payment under section 150 , 151 , 152 , 153 , 154 or 155 . The payment for a person who is self-employed is, for each week— for the first 26 weeks of the incapacity— if subparagraph (ii) does not apply—80% of QOTE; or if the person replaces the person’s labour—the payment under subsection (6) ; 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— 70% of QOTE; the reasonable cost of labour paid to replace the person; 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 person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following— 75% of the person’s NWE; 70% of QOTE; or otherwise—an amount equal to the single pension rate. For subsection (5) (a) (ii) , the amount is— if paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or if the reasonable cost of labour paid to replace the person is less than 80% of QOTE—the reasonable cost of labour paid to replace the person. s 157 amd 2004 No. 45 s 24 ; 2005 No. 50 s 21 ; 2007 No. 52 s 11 ; 2013 No. 52 s 56 sch 1 (retro) (sec.157-ssec.1) The compensation payable to a totally incapacitated person is a payment under this section. (sec.157-ssec.2) The payment for a person who is not in employment or self-employed is the amount (if any) that WorkCover considers is reasonable. (sec.157-ssec.3) However, the payment under subsection (2) must not be more than 70% of QOTE. (sec.157-ssec.4) The payment for a person who is employed, but not self-employed, is a payment under section 150 , 151 , 152 , 153 , 154 or 155 . (sec.157-ssec.5) The payment for a person who is self-employed is, for each week— for the first 26 weeks of the incapacity— if subparagraph (ii) does not apply—80% of QOTE; or if the person replaces the person’s labour—the payment under subsection (6) ; 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— 70% of QOTE; the reasonable cost of labour paid to replace the person; 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 person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following— 75% of the person’s NWE; 70% of QOTE; or otherwise—an amount equal to the single pension rate. (sec.157-ssec.6) For subsection (5) (a) (ii) , the amount is— if paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or if the reasonable cost of labour paid to replace the person is less than 80% of QOTE—the reasonable cost of labour paid to replace the person. - (a) for the first 26 weeks of the incapacity— (i) if subparagraph (ii) does not apply—80% of QOTE; or (ii) if the person replaces the person’s labour—the payment under subsection (6) ; and - (i) if subparagraph (ii) does not apply—80% of QOTE; or - (ii) if the person replaces the person’s labour—the payment under subsection (6) ; 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) 70% of QOTE; (ii) the reasonable cost of labour paid to replace the person; and - (i) 70% of QOTE; - (ii) the reasonable cost of labour paid to replace the person; 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 person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following— (A) 75% of the person’s NWE; (B) 70% of QOTE; or (ii) otherwise—an amount equal to the single pension rate. - (i) if a person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following— (A) 75% of the person’s NWE; (B) 70% of QOTE; or - (A) 75% of the person’s NWE; - (B) 70% of QOTE; or - (ii) otherwise—an amount equal to the single pension rate. - (i) if subparagraph (ii) does not apply—80% of QOTE; or - (ii) if the person replaces the person’s labour—the payment under subsection (6) ; and - (i) 70% of QOTE; - (ii) the reasonable cost of labour paid to replace the person; and - (i) if a person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following— (A) 75% of the person’s NWE; (B) 70% of QOTE; or - (A) 75% of the person’s NWE; - (B) 70% of QOTE; or - (ii) otherwise—an amount equal to the single pension rate. - (A) 75% of the person’s NWE; - (B) 70% of QOTE; or - (a) if paragraph (b) does not apply—85% of the reasonable cost of labour paid to replace the person; or - (b) if the reasonable cost of labour paid to replace the person is less than 80% of QOTE—the reasonable cost of labour paid to replace the person.