(1)
First week compensation for loss of earnings is payable to a claimant who—
has an incapacity resulting from—
a work-related personal injury for which he or she has cover; or
a motor vehicle injury to which section 29(2) applies, being a motor vehicle injury that is also a work-related personal injury; and
was an employee immediately before his or her incapacity commenced.
(2)
The compensation payable is 80% of the amount of earnings as an employee lost by the employee, as a result of the incapacity, during the first week of incapacity.
(3)
For the purposes of this section, there is a presumption that the earnings the claimant loses as a result of the incapacity is the difference between—
the claimant’s earnings in the 7 days before his or her incapacity commenced; and
the claimant’s earnings in the first week of incapacity.
(4)
The presumption can be rebutted by proof to the contrary.
Compare: 1998 No 114 s 76