sec.159Total incapacity

### sec.159 Total incapacity The compensation payable to a totally incapacitated person is, for each week— for the first 26 weeks of the incapacity— the lesser of the following— 85% of the amount stated in the person’s contract of insurance; the person’s actual earnings when the injury was sustained; or if the person replaces the person’s labour—the payment under subsection (2) ; 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 amount stated in the person’s contract of insurance; 70% of QOTE; or if the person replaces the person’s labour—the payment under subsection (2) ; and from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity— if the person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following— 75% of the amount stated in the person’s contract of insurance; 70% of QOTE; or otherwise—an amount equal to the single pension rate. For subsection (1) (a) (ii) and (b)(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 85% of the amount stated in the person’s contract of insurance—the reasonable cost of labour paid to replace the person. However, the amount paid under subsection (1) (b) or (c) must not be more than the amount to which the person would be entitled under subsection (1) (a) . s 159 amd 2004 No. 45 s 25 ; 2005 No. 50 ss 22 , 3 sch ; 2007 No. 52 s 12 ; 2013 No. 52 s 56 sch 1 (retro) (sec.159-ssec.1) The compensation payable to a totally incapacitated person is, for each week— for the first 26 weeks of the incapacity— the lesser of the following— 85% of the amount stated in the person’s contract of insurance; the person’s actual earnings when the injury was sustained; or if the person replaces the person’s labour—the payment under subsection (2) ; 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 amount stated in the person’s contract of insurance; 70% of QOTE; or if the person replaces the person’s labour—the payment under subsection (2) ; and from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity— if the person demonstrates to WorkCover that the injury could result in a DPI of more than 15%—the greater of the following— 75% of the amount stated in the person’s contract of insurance; 70% of QOTE; or otherwise—an amount equal to the single pension rate. (sec.159-ssec.2) For subsection (1) (a) (ii) and (b)(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 85% of the amount stated in the person’s contract of insurance—the reasonable cost of labour paid to replace the person. (sec.159-ssec.3) However, the amount paid under subsection (1) (b) or (c) must not be more than the amount to which the person would be entitled under subsection (1) (a) . - (a) for the first 26 weeks of the incapacity— (i) the lesser of the following— (A) 85% of the amount stated in the person’s contract of insurance; (B) the person’s actual earnings when the injury was sustained; or (ii) if the person replaces the person’s labour—the payment under subsection (2) ; and - (i) the lesser of the following— (A) 85% of the amount stated in the person’s contract of insurance; (B) the person’s actual earnings when the injury was sustained; or - (A) 85% of the amount stated in the person’s contract of insurance; - (B) the person’s actual earnings when the injury was sustained; or - (ii) if the person replaces the person’s labour—the payment under subsection (2) ; and - (b) from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity— (i) the greater of the following— (A) 75% of the amount stated in the person’s contract of insurance; (B) 70% of QOTE; or (ii) if the person replaces the person’s labour—the payment under subsection (2) ; and - (i) the greater of the following— (A) 75% of the amount stated in the person’s contract of insurance; (B) 70% of QOTE; or - (A) 75% of the amount stated in the person’s contract of insurance; - (B) 70% of QOTE; or - (ii) if the person replaces the person’s labour—the payment under subsection (2) ; 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 the 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 amount stated in the person’s contract of insurance; (B) 70% of QOTE; or (ii) otherwise—an amount equal to the single pension rate. - (i) if the 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 amount stated in the person’s contract of insurance; (B) 70% of QOTE; or - (A) 75% of the amount stated in the person’s contract of insurance; - (B) 70% of QOTE; or - (ii) otherwise—an amount equal to the single pension rate. - (i) the lesser of the following— (A) 85% of the amount stated in the person’s contract of insurance; (B) the person’s actual earnings when the injury was sustained; or - (A) 85% of the amount stated in the person’s contract of insurance; - (B) the person’s actual earnings when the injury was sustained; or - (ii) if the person replaces the person’s labour—the payment under subsection (2) ; and - (A) 85% of the amount stated in the person’s contract of insurance; - (B) the person’s actual earnings when the injury was sustained; or - (i) the greater of the following— (A) 75% of the amount stated in the person’s contract of insurance; (B) 70% of QOTE; or - (A) 75% of the amount stated in the person’s contract of insurance; - (B) 70% of QOTE; or - (ii) if the person replaces the person’s labour—the payment under subsection (2) ; and - (A) 75% of the amount stated in the person’s contract of insurance; - (B) 70% of QOTE; or - (i) if the 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 amount stated in the person’s contract of insurance; (B) 70% of QOTE; or - (A) 75% of the amount stated in the person’s contract of insurance; - (B) 70% of QOTE; or - (ii) otherwise—an amount equal to the single pension rate. - (A) 75% of the amount stated in the person’s contract of insurance; - (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 85% of the amount stated in the person’s contract of insurance—the reasonable cost of labour paid to replace the person.