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20.17.1 Those who refuse/quit employment are deemed AE, not incapacitated


In this respect, Section 19(4)(b) says:

19(4) In determining for the purposes of Subsections (2) and (3), the amount per week that an employee is able to earn in suitable employment, Comcare shall have regard to:


b) where, after becoming incapacitated for work, the employee received an offer of suitable employment and failed to accept that offer – the amount per week that the employee would be earning in that employment if he or she were engaged in that employment.


This means that a client who was found suitable employment by the rehabilitation job seeking process but who declined that employment would still be 'deemed' to have an ability-to-earn at the level of the salary (etc.) he or she had declined. As outlined in chapter 32 of this handbook, this deeming would either limit or end an entitlement to weekly payments. In addition, Section 19(4)(c) contains a similar provision extending this principle to those persons who gain a job but fail to continue in it for reasons other than renewed incapacity.