determination of the degree of impairment or of the earning capacity of the person or otherwise. (5) If an interim payment of compensation has been made under section 72, this section does not apply unless the Commission has made a final decision or determination as to the payment of compensation. S. 55(6) (6) A review of a person's entitlement under this inserted by section must be undertaken using the same No. 34/1998 methods for determining the degree of impairment s. 12(2). that were used in making the first determination of the degree of impairment in relation to that entitlement. (7) Despite subsection (4), if the Commission has S. 55(7) inserted by reviewed the earning capacity of a person who has No. 84/2000 returned to work by participating in an approved s. 16. vocational rehabilitation program and the return to work is unsuccessful, the Commission must— (a) restore the entitlement of the person to receive weekly payments; and (b) take into account earnings received during the period of the return to work. 56 Redemption of payments if less than certain amount (1) If the amount of the weekly payment in respect of S. 56(1) amended by loss of earning capacity under section 49, 50 or 51 Nos 94/2004 to which a person is entitled is at any time less s. 11(5)(c)(i)(ii), 44/2014 than 5 per centum of average weekly earnings of s. 33(Sch. all employees for Victoria last published by the item 29(2)). Australian Bureau of Statistics, the Commission must redeem those payments under that section and pay to the person an amount determined in accordance with the regulations. (2) A person to whom a payment is made under this S. 56(2) amended by section ceases to be entitled to benefits under No. 94/2004 section 49, 50 or 51. s. 11(5)(d).
determination of the degree of impairment or of the earning capacity of the person or otherwise. (5) If an interim payment of compensation has been made under section 72, this section does not apply unless the Commission has made a final decision or determination as to the payment of compensation. S. 55(6) inserted by No. 34/1998 s. 12(2). (6) A review of a person's entitlement under this section must be undertaken using the same methods for determining the degree of impairment that were used in making the first determination of the degree of impairment in relation to that entitlement. S. 55(7) inserted by No. 84/2000 s. 16. (7) Despite subsection (4), if the Commission has reviewed the earning capacity of a person who has returned to work by participating in an approved vocational rehabilitation program and the return to work is unsuccessful, the Commission must— (a) restore the entitlement of the person to receive weekly payments; and (b) take into account earnings received during the period of the return to work. 56 Redemption of payments if less than certain amount S. 56(1) amended by Nos 94/2004 s. 11(5)(c)(i)(ii), 44/2014 s. 33(Sch. item 29(2)). (1) If the amount of the weekly payment in respect of loss of earning capacity under section 49, 50 or 51 to which a person is entitled is at any time less than 5 per centum of average weekly earnings of all employees for Victoria last published by the Australian Bureau of Statistics, the Commission must redeem those payments under that section and pay to the person an amount determined in accordance with the regulations. S. 56(2) amended by No. 94/2004 s. 11(5)(d). (2) A person to whom a payment is made under this section ceases to be entitled to benefits under section 49, 50 or 51.
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