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Incapacity Handbook
33.2 Calculating the 45 Week Period
- 33.2.1 Continuously incapacitated
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For the purposes of calculating the first 45 weeks of incapacity, a continuous period of incapacity for work includes any period when:
- the client is not working at all for the total duration of the nominated period because of the injury, or
- the client is on a graduated return to work (GRTW) for the total duration of the nominated period, or
- the client working full-time hours but is restricted in their ability to work shifts or undertake certain elements of the job (e.g. light duties') i.e. even though the client does not take time off there is a 'continuous' compensation liability across the total duration of the nominated period, or
- the client is away from work attending medical treatment, etc., and
- the client has incurred loss of earnings which has been or will be reimbursed by incapacity compensation.
If the client is eligible for incapacity payments in respect of each and every hour and day and week of the nominated period, the client is continuously incapacitated and the full amount of Normal Weekly Hours is added towards the 45 week total.