Partial incapacity Sample Clauses

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 Victorian WorkCover Authority or Court or as agreed between the parties) and, on the other hand, the total weekly wage rate and 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 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, fares and traveling time allowances, penalty rates and any other ancillary payments payable by the employer shall not be taken into account, but piece or bonus work earnings during ordinary hours shall be taken into account. The total weekly wage rate and other payments, if any, 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. Where an employee is partially incapacitated within the meaning of the Act, the term “accident pay” means a weekly payment of amount representing the difference between: (i) the total amount of compensation paid to the employee during the period of incapacity under the Act for the week together with the average weekly amount they are earning; (ii) the total weekly Agreement rate, as varied from time to time, and any weekly over Agreement payment being paid to the employee at the date of the injury and which would have been payable for the employee's classification for the week in question if they had been performing their normal duties;

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.

Partial incapacity. Where an employee is partially 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 period in question together with the average weekly amount they are earning; and (b) the total weekly rate payable under this Agreement inclusive of casual loadings, as varied from time to time, and any weekly over-Agreement payment being paid to the employee at the date of the injury which would have been payable for the employee’s classification for the week in question 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 other ancillary payment payable by the employer shall not be taken into account.

Partial incapacity. 38.1.1(b)(i) In the case of an employee who is or deemed to be partially incapacitated within the meaning of the relevant 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 Section 93A or 93B of the relevant Act (as appropriate for the particular circumstances of the claim) 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 pursuant to the relevant Act or as agreed between the parties) and the total weekly rate of payment for a day worker which would have been payable under this agreement for the employee's normal classification of work for the week in question if he/she had been performing his/her normal duties; provided that such latter rate shall be deemed to exclude additional remuneration by way of attendance bonus payment, shift premiums, overtime payments, fares and travelling allowance, the allowance prescribed in clause 36 of this agreement and special rates or other similar payments. 38.1.1 (b)(ii) The total weekly agreement rate of payment above mentioned shall be the same as that applying for a total incapacity provided that where an employee receives a weekly payment under this clause and subsequently such payment is reduced pursuant to Section 114 and 114A of the relevant Act such reduction will not increase the weekly amount of accident pay for which the employer is liable in respect of that injury.

Partial incapacity. In the case of an employee who is or is deemed to be partially incapacitated within the meaning of the Act 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 period in question, and the total of the employees normal weekly Agreement rate which would have been payable to a worker for the employee's normal classification of work for the week in question if the employee had been performing his or her normal duties

Partial incapacity. In the case of an employee who is or is deemed to be partially incapacitated within the meaning of the Act 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 relevant Act for the period in question, together with the average weekly amount the employee is earning or is able to earn by implication by the Workers' Compensation Tribunal or as agreed between the parties and the total of the normal weekly Agreement rate which would have been payable to a worker for the employee's normal classification of work for the week in question if the employee had been performing his or her normal duties and the weekly production incentive bonus payment. Provided that such latter rate shall exclude remuneration by way of attendance bonus payments, shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments. 19.1.1 (c) The total 38 hour weekly Agreement rate and weekly production incentive bonus payment abovementioned shall be the same as that applying for a total incapacity provided that where an employee receives a weekly payment under this clause and subsequently such payment is reduced under the relevant Act, such reduction will not increase the amount of accident pay in respect of that injury. The application in the rate of accident pay or payments made to an employee arising from a production incentive bonus scheme in the manner provided for in 19.1.1(a) and 19.1.1(b) of this definition shall be the average weekly bonus earned by the employee during the 26 weeks period immediately preceding the date of the injury or during the whole period of employment whichever is the lessor period. The calculation shall exclude any week or weeks during which the employee is on annual leave.

Partial incapacity. Where an employee is partially incapacitated within the meaning of the Act, the term accident pay means a weekly payment of amount representing the difference between: (i) the total amount of compensation paid to the employee during the period of incapacity under the Act for the week together with the average weekly amount they are earning. (ii) the total weekly award rate, as varied from time to time, and any weekly over award payment being paid to the employee at the date of injury and which would have been payable for the employee’s classification for the week in question 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 other ancillary payment payable by the employer 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 under section 9.1(b)(ii) of 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 Workers Compensation Board or as agreed between the parties) and the total 38 hour weekly rate and weekly over-award 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 he had been performing his normal duties provided that such latter rate will exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments.