Partial incapacity. In the case of an Employee who is or deemed to be partially incapacitated within the meaning of the Act and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid as a weekly payment under the Act for the period in question together with the average weekly amount the Employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the Accident Compensation Conciliation Service (as it is currently known) or as agreed between the parties) and the total 38 hour weekly rate for a day Employee which would have been payable under this Agreement for the Employee’s normal classification of work for the week in question if the Employee had been performing her/his normal duties, provided that such latter rate shall exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments.
(i) The total 38 hour weekly rate abovementioned shall be the same as that applying for a total incapacity provided that where an Employee receives a weekly payment under this section and subsequently such payment is reduced pursuant to the Act such reduction will not increase the liability of the Employer to increase the amount of accident pay in respect of that injury.
(ii) For the purposes of the calculation of the total 38 hour weekly rate under clause 0 and 0, payments made to an Employee arising from a production incentive earnings scheme (whether arising from a payment by results, task or bonus scheme or however titled) shall not be taken into account.
Partial incapacity. Where an employee is partially incapacitated within the meaning of the Act, the term “accident pay” means a weekly payment of amount representing the difference between:
(i) the total amount of compensation paid to the employee during the period of incapacity under the Act for the week together with the average weekly amount they are earning;
(ii) the total weekly Agreement rate, as varied from time to time, and any weekly over Agreement payment being paid to the employee at the date of the injury and which would have been payable for the employee's classification for the week in question if they had been performing their normal duties;
Partial incapacity. In the case of an employee partially incapacitated within the meaning of the respective Act means a weekly payment of an amount representing the difference between, on the one hand, the total amount of compensation paid to the employee during incapacity pursuant to the respective Act for the week in question together with the average weekly amount he/she is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the Workers' Compensation Commission or its equivalent in the State or Territory of employment or as agreed between the parties) and, on the other hand, the total weekly Agreement rate and weekly over- Agreement payment if any, being paid to such employee at the date of the injury giving rise to the said payments of compensation together with or less as the case may be any variation in Agreement rates which would have been applicable to the classification of such employee for the week in question if he/she had been performing his/her normal duties providing that in making such calculation any payment for overtime earnings, attendance bonus, incentive earnings under any system of payment by result, fares and travelling time allowances, penalty rates and any other ancillary payments payable by the Employer shall not be taken into account. The total weekly Agreement rate and weekly over-Agreement payment above mentioned shall be the same as that applying for a total incapacity provided that where an employee receives a weekly payment of compensation under the respective Act and subsequently such payment is reduced pursuant to the said Act, such reduction shall not increase the liability of the Employer to increase the amount of accident pay in respect of that injury.
Partial incapacity. In the case of an employee partially incapacitated within the meaning of the Act means a weekly payment of an amount representing the difference between, on the one hand, the total compensation paid to the employee during incapacity pursuant to the Act for the week in question together with the average weekly amount they are earning or is able to earn in some employment or business (as determined) expressly or by implication by the Victorian WorkCover Authority (or as agreed between the parties) and, on the other hand, the total weekly average Agreement rate and weekly over Agreement payment if any, being paid to such employee at the date of the injury giving rise to the said payment of compensation, together with or less as the case may be any variation in Agreement rates which would have been applicable to the classification of such employee for the week in question if they had been performing their normal duties, providing that in making such calculation any payment for overtime earnings, shift premiums, attendance bonus, incentive earnings under any system of payment by results, fares and travelling time allowances, penalty rates and any other ancillary payments payable by the Company will not be taken into account. The total weekly Agreement rate and weekly over Agreement payments abovementioned will be the same as that applying for a total incapacity provided that where an employee receives a weekly payment of compensation under the Act and subsequently such payment is reduced pursuant to the said Act, such reduction will not increase the liability of the Company to increase the amount of accident pay in respect of that injury.
Partial incapacity. Where an employee is partially incapacitated within the meaning of the Compensation Act, the term Accident Pay means a weekly payment of an amount representing the difference between:
(a) The total amount of compensation paid to the employee during the period of incapacity under the Compensation Act for the period in question together with the average weekly amount they are earning; and
(b) the total weekly rate payable under this Agreement inclusive of casual loadings,, as varied from time to time, and any weekly over-Agreement payment being paid to the employee at the date of the injury which would have been payable for the employee’s classification for the week in question if they had been performing their normal duties, provided that:
(i) in making such calculation any payment for overtime earnings, shift premiums, penalty rates and any other ancillary payment payable by the Employer shall not be taken into account.
Partial incapacity. Where an employee is partially incapacitated within the meaning of the Act, the term accident pay means a weekly payment of amount representing the difference between:
(i) the total amount of compensation paid to the employee during the period of incapacity under the Act for the week together with the average weekly amount they are earning.
(ii) the total weekly award rate, as varied from time to time, and any weekly over award payment being paid to the employee at the date of injury and which would have been payable for the employee’s classification for the week in question if they had been performing their normal duties, provided that - in making such calculation any payment for overtime earnings, shift premiums, penalty rates and any other ancillary payment payable by the employer shall not be taken into account.
Partial incapacity. In the case of an employee who is or deemed to be partially incapacitated within the meaning of the Accident Compensation Act 1985 and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under section 93 of the Act for the period in question together with the average weekly amount the employee is earning and the total which would have been payable for the week in question if she/he had been performing his/her normal duties provided that such latter rate shall exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments.
Partial incapacity. In the case of an Employee who is or deemed to be partially incapacitated within the meaning of the WIRC Act and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under the WIRC Act for the period in question together with the average weekly amount the Employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the Accident Compensation Conciliation Service or as agreed between the parties) and the total weekly Ordinary Rate and weekly over-Agreement payment for a day Employee which would have been payable under this part for the Employee’s normal classification of work for the week in question if he had been performing their normal duties provided that such latter rate shall exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments.
(a) The total weekly Ordinary Rate and weekly over-Agreement payment abovementioned shall be the same as that applying for a total incapacity provided that where an Employee receives a weekly payment under this section and subsequently such payment is reduced pursuant to the WIRC Act such reduction will not increase the liability of the Employer to increase the amount of accident pay in respect of that injury.
(b) For the purposes of the calculation of the total weekly Ordinary Rate and weekly over-Agreement payment in 1.1.1 and 1.
Partial incapacity. In the case of an employee partially incapacitated within the meaning of the relevant Act accident pay means a weekly payment of an amount representing the difference between, on the one hand, the total amount of compensation paid to the employee during incapacity pursuant to the relevant Act for the week in question together with the average weekly amount the employee is earning, or is able to earn in some suitable employment or business (as determined expressly or by implication by the Accident Compensation Tribunal or as agreed between the parties) and, on the other hand, the total weekly rate of pay and benefits (and weekly over award payment if any) being paid under this Agreement to such employee at the date of the injury giving rise to the said payments of compensation, together with any variation in rates which would have been, applicable to the classification of such employee for the week in question if the employee had been performing normal duties.
Partial incapacity. In the case of an employee who is or deemed to be partially incapacitated within the meaning of the Act and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under section 9.1(b)(ii) of the Act for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the Workers Compensation Board or as agreed between the parties) and the total 38 hour weekly rate and weekly over-award payment for a day employee which would have been payable under this part for the employee’s normal classification of work for the week in question if he had been performing his normal duties provided that such latter rate will exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments.
