Last amended: 12 April 2012
In calculating incapacity payments under section 19(3) for a week that is not a maximum compensation week, it is important to understand that the meaning of NWH in that section is the same as defined in section 4. That is to say, NWH in section 19(3) refers to the normal weekly hours undertaken by the employee prior to the injury that has resulted in incapacity. That this is the meaning of NWH in section 19(3) is confirmed by Comcare v Heffernon [2011] FCAFC 131. According to the Comcare JPA 2012/07:
There is no mechanism in the SRC Act that allows adjustment of NWH over the life of a workers' compensation claim – for example, when an injured worker is formally redeployed.
There is no discretion, therefore, for delegates to vary a client's NWH – this is strictly to be taken as the pre-injury NWH.