164AReview of impairment arising from surgery after second entitlement period

164A Review of impairment arising from surgery after second entitlement period (1) A worker 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 incapacity and whole person impairment if the worker— (a) has a compensable injury; and (b) 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 (c) 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 (d) requires surgery for that injury (***the subsequent surgery***) for which the Authority or self-insurer has accepted liability under section 224(1); and (e) suffers incapacity and whole person impairment resulting from or materially contributed to by the subsequent surgery; and (f) has not attained retirement age. (2) A worker who applies under this section is entitled to compensation in the form of weekly payments under section 163(2) if the Authority or self-insurer determines that the worker, as a result of the subsequent surgery— (b) has a whole person impairment of more than 20 per cent. (3) Compensation payable under this section is payable from— (a) if the worker receives compensation under section 164 as a result of the subsequent surgery, the date that is 13 consecutive weeks after the day on which the subsequent surgery was performed; or (b) in any other case, the date on which the ongoing eligibility determination is made under this section.