(b) are activities that occur seasonal activities on an annual basis but that only provide employment for most of the people engaged in them for less than 6 months in any 12 month period. Example Fruit-picking, skiing instruction, acting in a television series that is only in production for 5 months each year, acting in school holiday plays, operating a whale-watching boat, making Christmas puddings. (3) For the purposes of sections 44 and 45, a seasonal earner may elect to be compensated under those sections during the period of entitlement on a week to week basis as if a reference in those sections to the earner's pre-accident weekly earnings was a reference in a particular week to the earnings the earner could reasonably have expected to earn in that week had the injury not occurred. Note This subsection enables a seasonal earner to elect to receive weekly loss of earnings payments on the same pattern that he or she was accustomed to before the injury, that is, for instance, higher payments in weeks in which he or she would normally have been working full time and no, or lower, payments in weeks when he or she would normally have been unemployed or working part time. If no election is made the earner will receive the same amount each week based on a weekly average of his or her earnings in the last 12 months (unless another provision of section 44 or 45 applies). (4) An election under subsection (3)— (a) must be made in writing and be given to the Commission within 14 days after the earner becomes entitled to receive any payment under section 44 or 45; and
(b) seasonal activities are activities that occur on an annual basis but that only provide employment for most of the people engaged in them for less than 6 months in any 12 month period. Example Fruit-picking, skiing instruction, acting in a television series that is only in production for 5 months each year, acting in school holiday plays, operating a whale-watching boat, making Christmas puddings. (3) For the purposes of sections 44 and 45, a seasonal earner may elect to be compensated under those sections during the period of entitlement on a week to week basis as if a reference in those sections to the earner's pre-accident weekly earnings was a reference in a particular week to the earnings the earner could reasonably have expected to earn in that week had the injury not occurred. Note This subsection enables a seasonal earner to elect to receive weekly loss of earnings payments on the same pattern that he or she was accustomed to before the injury, that is, for instance, higher payments in weeks in which he or she would normally have been working full time and no, or lower, payments in weeks when he or she would normally have been unemployed or working part time. If no election is made the earner will receive the same amount each week based on a weekly average of his or her earnings in the last 12 months (unless another provision of section 44 or 45 applies). (4) An election under subsection (3)— (a) must be made in writing and be given to the Commission within 14 days after the earner becomes entitled to receive any payment under section 44 or 45; and
86-111a138.docx