Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 48

48 .         Total or partial incapacity for work

        (1)         For any period during which a worker is totally incapacitated for work, the amount of income compensation must be calculated in accordance with Subdivision 3.

        (2)         For any period during which a worker is partially incapacitated for work, the amount of income compensation is obtained by calculating, in accordance with Subdivision 3, the amount that would apply if the worker were totally incapacitated for work and deducting from it the amount the worker earns, or is able to earn, in suitable employment.

        Note for this subsection:

                Section 50 provides for an arbitrator to be able, in certain circumstances, to order that a worker who is partially incapacitated for work is taken to be totally incapacitated for work.

        (3)         A worker is not entitled to any income compensation for a time during which the worker earns, or is able to earn, in suitable employment an amount equal to or greater than the amount of income compensation that would apply if the worker were totally incapacitated for work.



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