Section 103 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Corporation to determine incapacity of claimant who, at time of personal injury, was earner or on unpaid parental leave

103 Corporation to determine incapacity of claimant who, at time of personal injury, was earner or on unpaid parental leave (1) The Corporation must determine under this section the incapacity of— (a) a claimant who was an earner at the time he or she suffered the personal injury: (b) a claimant who was on unpaid parental leave at the time he or she suffered the personal injury. (2) The question that the Corporation must determine is whether the claimant is unable, because of his or her personal injury, to engage in employment in which he or she was employed when he or she suffered the personal injury. (3) If the answer under subsection (2) is that the claimant is unable to engage in such employment, the claimant is incapacitated for employment. (4) The references in subsections (1) and (2) to a personal injury are references to a personal injury for which the person has cover under this Act. (5) Subsection (4) is for the avoidance of doubt. Compare: 1998 No 114 s 85 The heading to section 103 was amended, as from 11 May 2005, by section 21(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45) by substituting the words “ at time of personal injury, was earner or on unpaid parental leave ” for the words “ at time of incapacity, was earner ” . Subsections (4) and (5) were inserted, as from 11 May 2005, by section 21(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).