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20.17 Failure to seek/accept employment [i.e. S19(4)(b)&(e)]


As outlined at 11.1, incapacity for work means that because of the injury the client is actually unable to engage in suitable employment. That description includes those who have recovered a physical and/or mental ability to participate in a rehabilitation program, and in fact, are so engaged. Clients in this category are entitled to weekly payments under S37(5) i.e. on the basis not of incapacity, but that the rehab program itself (temporarily) removes them from the general labour market.

Note, that Rehabilitation is often required after the reduction or ending of an impairment, i.e. where the client has regained the basic physical or mental capacity to participate in a workplace of some sort, but as a practical matter requires re-skilling or a graduated introduction to an alternative employment category.

Therefore, at the termination of a rehabilitation program and its period of job-seeking assistance, the client should ordinarily be considered to be unemployed rather than incapacitated, i.e. even though the client may still have a residual disability. It is open to a delegate to 'deem' the client able-to-earn an income commensurate with his/her residual capacity and known work skills, i.e. whether the client is actually employed or not.