Common use of Partial incapacity Clause in Contracts

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 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 Victorian WorkCover Authority or its equivalent in the State or Territory of employment Court or as agreed between the parties) and, on the other hand, the total weekly Agreement wage rate and weekly over- Agreement other 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 wage 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, shift premiums, attendance bonus, incentive earnings under any system of payment by result, fares and travelling traveling time allowances, penalty rates and any other ancillary payments payable by the Employer employer shall not be taken into account, but piece or bonus work earnings during ordinary hours shall be taken into account. The total weekly Agreement wage rate and weekly overother payments, if any, above-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 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 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 they are earning or is able to earn in some suitable employment or business (as determined determined) expressly or by implication by the Workers' Compensation Commission or its equivalent in the State or Territory of employment Victorian WorkCover Authority (or as agreed between the parties) and, on the other hand, the total weekly average Agreement rate and weekly over- over Agreement payment if any, being paid to such employee at the date of the injury giving rise to the said payments payment of compensation 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 they had been performing his/her their normal duties duties, providing that in making such calculation any payment for overtime earnings, shift premiums, attendance bonus, incentive earnings under any system of payment by resultresults, fares and travelling time allowances, penalty rates and any other ancillary payments payable by the Employer shall Company will not be taken into account. The total weekly Agreement rate and weekly over-over Agreement payment above mentioned shall 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 respective Act and subsequently such payment is reduced pursuant to the said Act, such reduction shall will not increase the liability of the Employer Company 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 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' Accident Compensation Commission Tribunal or its Rs equivalent in the State or Territory of employment or as agreed between the parties) and, on the other hand, the total weekly Agreement wage rate and weekly over- Agreement other 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 wage 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, shift premiums, 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 employer shall not be taken into account, but piece or bonus work earnings during ordinary hours shall be taken into account. The total weekly Agreement wage rate and weekly overother payments, if any, above-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 employer to increase the amount of accident pay in respect of that injury.

Partial incapacity. In the case of an employee Employee who is or deemed to be partially incapacitated within the meaning of the respective Act and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between, on the one hand, between the total amount of compensation paid to as a weekly payment under the employee during incapacity pursuant to the respective Act for the week period in question together with the average weekly amount he/she the Employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the Workers' Accident Compensation Commission or its equivalent in the State or Territory of employment Conciliation Service (as it is currently known) or as agreed between the parties) and, on the other hand, and the total 38 hour 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 for a day Employee which would have been applicable to payable under this Agreement for the Employee’s normal classification of such employee work for the week in question if he/she the Employee had been performing hisher/her his normal duties providing duties, provided that in making such calculation any payment for latter rate shall exclude additional remuneration by way of shift premiums, overtime earningspayments, attendance bonus, incentive earnings under any system of payment by result, fares and travelling time allowances, penalty special rates and any or other ancillary payments payable by the Employer shall not be taken into account. similar payments. (i) The total 38 hour weekly Agreement rate and weekly over-Agreement payment above mentioned abovementioned shall be the same as that applying for a total incapacity provided that where an employee Employee receives a weekly payment of compensation under the respective Act this section and subsequently such payment is reduced pursuant to the said Act, Act such reduction shall 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 23.1(a) and (b), 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. In the case of an employee Employee who is or deemed to be partially incapacitated within the meaning of the respective Act and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between, on the one hand, between the total amount of compensation paid to as a weekly payment under the employee during incapacity pursuant to the respective Act for the week period in question together with the average weekly amount he/she the Employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the Workers' Accident Compensation Commission or its equivalent in the State or Territory of employment Conciliation Service (as it is currently known) or as agreed between the parties) and, on the other hand, and the total 38 hour 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 for a day Employee which would have been applicable to payable under this Agreement for the Employee’s normal classification of such employee work for the week in question if he/she the Employee had been performing hisher/her his normal duties providing duties, provided that in making such calculation any payment for latter rate shall exclude additional remuneration by way of shift premiums, overtime earningspayments, attendance bonus, incentive earnings under any system of payment by result, fares and travelling time allowances, penalty special rates and any or other ancillary payments payable by the Employer shall not be taken into account. similar payments. (i) The total 38 hour weekly Agreement rate and weekly over-Agreement payment above mentioned abovementioned shall be the same as that applying for a total incapacity provided that where an employee Employee receives a weekly payment of compensation under the respective Act this section and subsequently such payment is reduced pursuant to the said Act, Act such reduction shall 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.