(b) the potential for rehabilitation and the person's ability to undertake rehabilitation; and (c) the earner's training, skills and experience; and (d) the age of the earner; has the same pre-accident earning capacity meaning as in section 49. (6) The Commission must not determine the earning capacity of an earner at an amount greater than the actual weekly earnings of the earner unless the Commission determines that the earner is capable, despite the injury, of employment in respect of which the weekly earnings would be that greater amount. (7) Despite subsection (5), in the case of an earner S. 50(7) inserted by who is participating in a supported employment No. 94/2004 program in respect of any employment and who s. 14(3). receives more than $120 per week as earnings from that employment, this section applies as if the earner's post-accident earning capacity was the amount of the earner's earnings less $120. 50A Loss of earning capacity—after return to work S. 50A inserted by No. 84/1994 (1) If a person who has received a weekly payment s. 34. under section 49 or 50 in respect of a transport accident— (a) returns to work; and (b) subsequently suffers total or partial loss of earning capacity as a result of the same transport accident; and
(b) the potential for rehabilitation and the person's ability to undertake rehabilitation; and (c) the earner's training, skills and experience; and (d) the age of the earner; pre-accident earning capacity has the same meaning as in section 49. (6) The Commission must not determine the earning capacity of an earner at an amount greater than the actual weekly earnings of the earner unless the Commission determines that the earner is capable, despite the injury, of employment in respect of which the weekly earnings would be that greater amount. S. 50(7) inserted by No. 94/2004 s. 14(3). (7) Despite subsection (5), in the case of an earner who is participating in a supported employment program in respect of any employment and who receives more than $120 per week as earnings from that employment, this section applies as if the earner's post-accident earning capacity was the amount of the earner's earnings less $120. S. 50A inserted by No. 84/1994 s. 34. 50A Loss of earning capacity—after return to work (1) If a person who has received a weekly payment under section 49 or 50 in respect of a transport accident— (a) returns to work; and (b) subsequently suffers total or partial loss of earning capacity as a result of the same transport accident; and