165Continuation of weekly payments after second entitlement period

165 Continuation of weekly payments after second entitlement period (1) A worker who has a current work capacity and is, or has been, entitled to compensation in the form of weekly payments under this Division, may make an application at any time, in accordance with this section, to the Authority or self-insurer, in a form approved by the Authority, for a determination that the worker's entitlement to weekly payments does not, or will not, cease by reason only of the expiry of the second entitlement period. (2) An application must be made— (a) if liability to pay the weekly payments lies with the employer (not being a self-insurer or an eligible subsidiary of a self-insurer) or the Authority, to the Authority; or (b) if liability to pay the weekly payments lies with a self-insurer, to the self-insurer. (3) If the Authority or self-insurer receives an application under subsection (1), the Authority or self-insurer must, within 28 days after receiving the application— (b) advise the worker in writing of its determination; and (c) if the Authority or self-insurer rejects the application, give the worker a statement of the reasons for its determination. (4) The Authority or self-insurer must not approve an application under subsection (1) unless it is satisfied that— (a) the worker has returned to work (whether in self-employment or other employment) 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 non-pecuniary benefits within the meaning of section 155(1)(d), of at least $177 per week; and S. 165(4)(b) amended by No. 8/2024 s. 15(a). (b) because of the injury, the worker is, and is likely to continue indefinitely to be, incapable of undertaking further additional employment or work which would increase the worker's current weekly earnings; and S. 165(4)(c) inserted by No. 8/2024 s. 15(b). (c) the worker has a whole person impairment of more than 20 per cent resulting from one or more compensable injuries. (5) If the Authority or self-insurer approves an application made under subsection (1), the worker's entitlement to compensation in the form of weekly payments commences on the date the Authority or self-insurer received the application and, subject to and in accordance with this Act, the worker is entitled to weekly payments at the rate of— (a) the difference between 80 per cent of the worker's pre-injury average weekly earnings, less the deductible amount and 80 per cent of the worker's current weekly earnings; or (b) the difference between twice the State average weekly earnings and 80 per cent of the worker's current weekly earnings— (6) A worker continues to be entitled to compensation in the form of weekly payments under subsection (5) until— (a) subject to section 166, the Authority or self-insurer ceases to be satisfied as to the matters referred to in subsection (4); or (b) the worker otherwise ceases to be entitled to compensation in the form of weekly payments.