170Compensation for incapacity arising after retirement age

170 Compensation for incapacity arising after retirement age (1) This section applies to a worker, not being a worker to whom section 169 applies, if the worker— (a) before retirement age— (i) suffered an injury arising out of or in the course of employment; and (ii) made a claim for compensation in respect of that injury under section 20; and (b) received a weekly payment of compensation in respect of that injury within the period of 10 years before the worker attained retirement age; and (c) after retirement age, became incapacitated for work and the incapacity is a consequence of treatment received after retirement age as an inpatient at a hospital for that injury; and (d) is not entitled to weekly payments only because section 171 applies. (2) If this section applies to a worker, the worker may apply in writing to the Authority or self-insurer for weekly payments in respect of the incapacity payable at the rate specified in section 162(a) or (b). (3) The maximum period of weekly payments payable under this section is 13 weeks. (4) A worker who makes an application in accordance with subsection (2) is entitled to receive weekly payments under this section if— (a) the worker was a worker at the time the incapacity arose; and (b) the incapacity is in respect of the work that the worker was performing immediately before the incapacity arose; and (c) the worker has not ceased to become entitled to weekly payments due to the application of this Part or Part 4 or section 261(1) or 347(1); and (d) the worker has not previously received payment of compensation in respect of the injury under this section. (5) An application under subsection (2) must— (a) specify the reason for the application; and (b) be provided with supporting evidence. (6) Within 28 days of receiving the application, 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.