South Australian Consolidated Acts South Australian Consolidated Acts35C—Weekly payments after expiry of designated periods—current
work capacity
(1) Subject to this
Act, a worker who is, or has been, entitled to weekly payments under
section 35A(3)(b) or 35B, may apply to the Corporation in accordance with
this section for a determination that the worker's entitlement to weekly
payments under this Division does not cease at the end of the
third entitlement period under section 35A or at the expiry of an
entitlement under section 35B (as the case may be).
(2) The Corporation
may determine that the worker's entitlement to weekly payments under this
Division does not cease as contemplated by subsection (1) if the
Corporation is satisfied that the worker is in employment and that because of
the compensable disability, the worker is, and is likely to continue
indefinitely to be, incapable of undertaking further or additional employment
or work which would increase the worker's current weekly earnings.
(3) The
Corporation—
(a) must
within 90 days of receiving an application under subsection (1), make or
refuse to make a determination under subsection (2) and advise the worker
in writing of its decision (unless the Corporation requires an extension of
time because of the operation of paragraph (b)); and
(b) must
not refuse to make a determination under subsection (2) on the ground
that the Corporation is not satisfied under the requirements of that
subsection unless—
(i)
the Corporation has referred the medical question
whether, because of the disability, the worker is, and is likely to continue
indefinitely to be, incapable of undertaking further or additional employment
or work, and if not so incapable, what further or additional employment or
work the worker is capable of undertaking, for the opinion of a Medical Panel
under Part 6C; and
(ii)
the opinion of the Medical Panel is that the worker is
not so incapable and specifies what further or additional employment or work
the worker is capable of undertaking.
(4) If the Corporation
makes a determination under subsection (2), subject to this Division, the
worker is entitled to weekly payments equal to 80% of the difference between
the worker's notional weekly earnings and the worker's current weekly
earnings.
(5) The entitlement to
weekly payments under subsection (4) continues until—
(a) the
Corporation ceases to be satisfied as to the matters specified in
subsection (2); or
(b) the
worker otherwise ceases to be entitled to weekly payments (including by virtue
of the operation of section 36).