Common use of Total Incapacity Clause in Contracts

Total Incapacity. Total incapacity In the case of an Employee who is or deemed to be totally incapacitated within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 (hereinafter referred to as 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 Act for the week in question and the total 38 hour weekly 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 they 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.

Total Incapacity. Total incapacity In the case of an Employee who is or deemed to be totally incapacitated within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (hereinafter referred to in this clause 46 as the WIRC Act) and arising from an injury covered by this Clause clause 46 means a weekly payment of an amount representing the difference between the total amount of compensation paid under the Act for the week in question and the total 38 hour weekly rate and weekly over Agreement payment for a day an Employee which would have been payable under this part for the Employee’s normal classification of work for the week in question if they 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.