5CCOVID-19—matters relating to incapacity

#### 5C COVID-19—matters relating to incapacity 5C COVID-19—matters relating to incapacity > > (1) For the purposes of section 19B(5)(a) of the 1987 Act, the relevant date is the later of— > > > > > (a) the date that is 21 days after the date of the injury, or > > > > > (b) if a medical practitioner issues a certificate of capacity certifying that the worker still has COVID-19 on that date—the date that marks the end of the expected duration of the worker’s incapacity for work as a result of COVID-19 that is specified in the certificate. > > > (2) Section 32A of the 1987 Act is modified by adding the following subsection at the end of the section— > > > > > > (3) For the purposes of applying this Division to a worker referred to in section 19B(5), a reference in section 19B(5) to a worker being incapable of work is a reference to the worker having a total incapacity for work and no current work capacity. > > > (3) Subclauses (4) and (5) apply— > > > > > (a) to a worker the subject of a presumption under section 19B(1) of the 1987 Act in relation to whom the presumption under section 19B(5) of the 1987 Act is rebutted (a relevant worker), and > > > > > (b) for the purposes of Division 2 of Part 3 of the 1987 Act. > > > (4) To avoid doubt, section 33 of the 1987 Act applies to a relevant worker with a total or partial incapacity for work resulting from the worker’s COVID-19 infection. > > > (5) A relevant worker to whom section 33 of the 1987 Act does not otherwise apply is taken to be partially incapacitated for work and to have current work capacity as a result of COVID-19 during the worker’s isolation period if the worker’s actual gross weekly earnings from paid employment during that period are— > > > > > (a) less than the gross weekly amount that the worker had the capacity to earn in the worker’s pre-injury employment immediately before the injury, or > > > > > (b) nil. > > > (6) For the purposes of applying Division 2 of Part 3 of the 1987 Act to a relevant worker, the current weekly earnings of the worker in relation to a week are the worker’s actual gross earnings in respect of that week, and clause 8 of Schedule 3 to the 1987 Act in its application to the worker is taken to be modified accordingly. > > > (7) In this clause— > > > > isolation period in relation to a worker means the period for which the worker is required by a medical practitioner to isolate following the worker’s diagnosis of COVID-19. > > **cll 5B–5D:** Ins 2020 (428), Sch 1\[3\].