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 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 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 Workers' Compensation Commission or Court its equivalent in the State or Territory of employment or as agreed between the parties) and, on the other hand, the total weekly wage Agreement rate and other 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 wage 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, shift premiums, attendance bonus, incentive earnings under any system of payment by result, fares and traveling travelling time allowances, penalty rates and any other ancillary payments payable by the employer 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 Agreement rate and other payments, if any, aboveweekly 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 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 Victorian WorkCover Authority Accident Compensation Tribunal or Court Rs equivalent in the State or Territory of employment 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 travelling 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 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 Workers' Compensation Commission or Court its equivalent in the State or Territory of employment or as agreed between the parties) and, on the other hand, the total weekly wage agreement rate and other 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 wage 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, shift premiums, attendance bonus, incentive earnings under any system of payment by result, fares and traveling travelling time allowances, penalty rates and any other ancillary payments payable by the employer 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 agreement rate and other payments, if any, aboveweekly 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 injuryincapacity.

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 they are earning or is able to earn in some suitable employment or business (as determined 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 average Agreement rate and other weekly over Agreement payment if any, being paid to such employee at the date of the injury giving rise to the said payments payment of compensation compensation, together with or less as the case may be any variation in wage Agreement rates which would have been applicable to the classification of such employee for the week in question if he/she they had been performing his/her their normal duties duties, providing that in making such calculation any payment for overtime earnings, shift premiums, attendance bonus, incentive earnings under any system of payment by results, fares and traveling travelling time allowances, penalty rates and any other ancillary payments payable by the employer shall Company will not be taken into account, but piece or bonus work earnings during ordinary hours shall be taken into account. The total weekly wage Agreement rate and other payments, if any, above-mentioned shall weekly over Agreement payments abovementioned will 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 will not increase the liability of the employer Company to increase the amount of accident pay in respect of that injury.