The injured worker can recover “make-up pay” provided the Workers Compensation Commission finds the following
i) determines the probable earnings but for injury;
ii) determine current earnings or ability to earn on the open labour market;
iii) subtract the figure in step ii) from the figure in step i);
iv) decide in accordance with S40(1) whether and to what extent the reduction so calculated appears proper in the circumstances of the case and exercise that discretion and
v) make an award in the amount arrived at in step iv).
This publication is not legal advice. It is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.