Section 367 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Multiple employment

367 Multiple employment (1) For the purposes of this section, weekly earnings means— (a) weekly earnings determined under the Accident Insurance Act 1998 or the Accident Rehabilitation and Compensation Insurance Act 1992; and (b) relevant earnings determined under the Accident Compensation Act 1972 or the Accident Compensation Act 1982. (2) The weekly compensation under section 365 must be recalculated in accordance with subsection (3) if— (a) the person's weekly compensation is not based on weekly earnings from all employments in which he or she was engaged at the date of commencement of any period of incapacity for which he or she is receiving weekly compensation immediately before 1 April 2002; and (b) a period of incapacity commences on or after 1 April 2002 for 1 or more of the employments referred to in paragraph (a) . (3) The weekly compensation must be recalculated— (a) by recalculating weekly earnings as if the person were incapacitated for all employments engaged in at the commencement of the period of incapacity referred to in subsection (2)(a) ; and (b) by applying the method of calculation provided for in whichever of the former Acts applied at the commencement of that period of incapacity; and (c) by multiplying the weekly earnings calculated under paragraph (a) by 80%. (4) The weekly compensation recalculated under subsection (3) must be adjusted in accordance with any Orders in Council and any regulations that apply since the weekly earnings were first calculated. (5) Weekly compensation recalculated under subsection (3) is payable only from the date of the commencement of the period of incapacity referred to in subsection (2)(b) .