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 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 agreement rate and weekly over- Agreement 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 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 agreement rate and weekly over-Agreement 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 injuryincapacity.