Section 40 — Workers Compensation Act 1987 (NSW)

(1) A worker who receives weekly payments under section 38 does not cease to be entitled to weekly payments under that section by reason only that the worker occasionally, but not during more than 4 weeks in the first period of 12 consecutive weeks immediately after the worker first received weekly payments under that section, or in any subsequent consecutive period of 12 weeks—
(a) has worked more hours during a week, or
(b) has worked fewer hours during a week (even if the number of hours worked is less than 15), or
(c) has received higher current weekly earnings, or
(d) has received lower current weekly earnings (even if the earnings are less than $155 per week),
than the hours worked, or the current weekly earnings received, at the time of making the application for payments under section 38.
(2) A reference in subsection (1) to hours of work does not include hours of leave approved by the employer.

Related sections

• s 38 — Weekly payments after second entitlement period (after week 130)
• s 38A — Special provision for workers with highest needs
• s 39 — Cessation of weekly payments after 5 years
• s 41 — Compensation for incapacity after second entitlement period resulting from surgery
• s 42 — Application by worker to alter amount of weekly payments
• s 43 — Work capacity decisions by insurers

Research how courts apply s 40

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.