Common use of Partial incapacity Clause in Contracts

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 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 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 23.1(a) 0 and (b)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. (a) In the case of an Employee who is or deemed to be partially incapacitated within the meaning of the Act Workplace Injury Rehabilitation and Compensation ▇▇▇ ▇▇▇▇ (or any applicable proceeding 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 Workers Compensation Conciliation Service (as it is currently known) Board or as agreed between the parties) and the total 38 thirty eight (38) hour weekly rate and weekly over-award payment for a day Employee which would have been payable under this Agreement part for the Employee’s normal classification of work for the week in question if the Employee he had been performing her/his normal duties, duties provided that such latter rate shall exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments. (ib) The total 38 thirty eight (38) hour weekly award rate and weekly over-award 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 section 9.6(1) of the Act such reduction will not increase the liability of the Employer to increase the amount of accident pay in respect of that injury. (iic) For the purposes of the calculation of the total 38 thirty eight (38) hour weekly award rate under clause 23.1(a) and (b), weekly over-award payment in 1.1 and 1.2 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. (a) In the case of an Employee who is or deemed to be partially incapacitated within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 (or any applicable proceeding 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 Workers Compensation Conciliation Service (as it is currently known) Board or as agreed between the parties) and the total 38 thirty eight (38) hour weekly rate and weekly over-award payment for a day Employee which would have been payable under this Agreement part for the Employee’s normal classification of work for the week in question if the Employee he had been performing her/his normal duties, duties provided that such latter rate shall exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments. (ib) The total 38 thirty eight (38) hour weekly award rate and weekly over-award 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 section 9.6(1) of the Act such reduction will not increase the liability of the Employer to increase the amount of accident pay in respect of that injury. (iic) For the purposes of the calculation of the total 38 thirty eight (38) hour weekly award rate under clause 23.1(a) and (b), weekly over-award payment in 1.1 and 1.2 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.