164Compensation for incapacity arising from surgery after second entitlement period

164 Compensation for incapacity arising from surgery after second entitlement period (1) Subject to subsection (2), this section applies to a worker who— (a) suffers an injury arising out of or in the course of employment; and (b) makes a claim for compensation in respect of that injury under section 20 and received weekly payments in respect of that injury; and (c) has returned to work for a period of not less than 15 hours per week and is in receipt of current weekly earnings, or current weekly earnings together with a deductible amount, of at least $177 per week; and (d) either, in respect of the injury— (i) is not entitled to compensation in the form of weekly payments because of section 163; or (ii) is entitled under section 165 to compensation in the form of weekly payments; and (e) for at least 13 consecutive weeks immediately after the expiry of the second entitlement period, has not received compensation in the form of weekly payments other than weekly payments under section 165; and (f) requires surgery for that injury (***the subsequent surgery***) for which the Authority or self-insurer has accepted liability under section 224(1); and (g) suffers incapacity resulting from or materially contributed to by the subsequent surgery; and (h) has not attained retirement age. (2) This section does not apply to a worker whose entitlement to compensation in the form of weekly payments has ceased (otherwise than under section 163) or been terminated in accordance with this Act. (3) A worker to whom this section applies may apply, in a form approved by the Authority, to the Authority or self-insurer for compensation in the form of weekly payments in respect of an incapacity resulting from or materially contributed to by the subsequent surgery. (4) Unless the worker to whom this section applies is receiving weekly payments under section 165— (a) the worker is not entitled to compensation in the form of weekly payments under this section in respect of the first 13 consecutive weeks after the expiry of the second entitlement period; and (b) an application under subsection (3) must not be made during the period of 13 consecutive weeks immediately after the expiry of the second entitlement period. (5) Compensation in the form of weekly payments under this section is payable at the rate that would have been applicable under section 162 if the second entitlement period had not expired— (a) in respect of the period of incapacity resulting from or materially contributed to by the subsequent surgery; or (b) if the worker has an incapacity resulting from, or materially contributed to, by the subsequent surgery, for the period of 13 consecutive weeks commencing on the day on which the subsequent surgery is performed— whichever is the shorter. (6) Within 14 days after receiving an application in accordance with this section, the Authority or self-insurer must— (b) give the worker written notice of its decision including, in the case of rejection, a statement of the reasons for the decision. S. 164A inserted by No. 8/2024 s. 14.