Western Australian Numbered Acts Western Australian Numbered Acts (1) The amount of a
payment of income compensation for a worker who is totally incapacitated for
work must be calculated as provided by this section.
Note for this subsection:
For a period during
which a worker is partially incapacitated for work, see section 48(2).
(2) To the extent that
the payment of income compensation is for a period within the first
26 weeks in which income compensation is payable to the worker, the
amount is calculated at the worker’s pre-injury weekly rate of income
except as otherwise provided in section 56 or 57.
(3) To the extent that
the payment of income compensation is for a period after the first
26 weeks in which income compensation is payable to the worker, the
amount is calculated at 85% of the worker’s pre-injury weekly rate of
income except as otherwise provided in section 56 or 57.
(4) For the purposes
of subsections (2) and (3) —
(a) a
week is a period of 7 consecutive days that starts on the day of the week
that is the first day for which the worker is entitled to income compensation;
and
(b) a
week is a week in which income compensation is payable if income compensation
is payable for any day or days during the week.
(5) For the
calculation under this section, an amount must be added to or deducted from
the worker’s pre-injury weekly rate of income from time to time to the
extent, if any, necessary to reflect any percentage increase or decrease in
base rate of pay (but not in any payment for overtime or in any bonus or
allowance) that —
(a) is
effective after the day on which the worker’s injury occurred; and
(b)
would, or having regard to all the circumstances is likely to, have applied to
the worker had the worker not been injured.