The application of S19(3) most commonly arises in relation to Graduated Return to Work (GRTW) programs, where the client returns to work in a 'stepped' or 'graduated' fashion as their symptoms permit. This results in a gradual 'work hardening' or 'training' effect by gradually increasing the client's activity threshold.
The intention of a GRTW is to provide a return to work which is structured around the client's duties and restrictions and which will not aggravate the condition but rather encourage its gradual resolution. In some cases, the end point of GRTW program may not be full-time employment, it may be part-time employment or employment involving a different range of duties to that undertaken before the client's injury.
In most cases, the calculation of the S19(3) percentage where there is a GRTW program in place will not be difficult. The Return To Work Plan will generally clearly indicate the nature and duration of employment activity. Care should be taken to ensure that the client actually complied with the RTW Plan in the period under consideration.
In certain circumstances it may be necessary to deem a client's normal weekly hours of employment, refer to the discussion of 'Deeming Normal Weekly Hours' at 34.4. Note that a deemed amount of actual hours worked must never be used.