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:
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. 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.
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 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 Workers Compensation Board or as agreed between the parties) and the total thirty eight (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 shall exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments.
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.
Partial incapacity. In the case of an employee who is or deemed to be partially incapacitated within the meaning of the Accident Compensation Act 1985 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 93 of the Act for the period in question together with the average weekly amount the employee is earning and the total which would have been payable for the week in question if she/he had been performing his/her normal duties provided that such latter rate shall exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments.
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.
Partial incapacity. In the case of an employee partially incapacitated within the meaning of the relevant Act accident pay 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 relevant Act for the week 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 Tribunal or as agreed between the parties) and, on the other hand, the total weekly rate of pay and benefits (and weekly over award payment if any) being paid under this Agreement to such employee at the date of the injury giving rise to the said payments of compensation, together with any variation in rates which would have been, applicable to the classification of such employee for the week in question if the employee had been performing normal duties.
Partial incapacity. In the case of an Employee who is or deemed to be partially incapacitated within the meaning of 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 WIRC 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 or as agreed between the parties) and the total weekly Ordinary 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 he 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.
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.
