Common use of Total Incapacity Clause in Contracts

Total Incapacity. 73.3.1 Where an employee is or is determined to be totally incapacitated within the meaning of the 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 Act for the week; and b. the total weekly rate under this Agreement, as varied from time to time, which would have been payable for the employee’s normal classification of work for the week in question (inclusive of casual loadings) 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 ancillary payment payable by the Employer shall not be taken into account.