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Workers Compensation Act 1987
48Compensation payable despite existing incapacity
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#### 48 Compensation payable despite existing incapacity
48 Compensation payable despite existing incapacity
(cf former s 7 (2A))
> > (1) Compensation is payable under this Division in respect of an injury which, but for existing incapacity, would have resulted in total or partial incapacity for work of the worker.
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> > (2) Any such compensation is payable as if total or partial incapacity for work had in fact resulted from the injury.
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> > (3) In this section—
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> > existing incapacity means total incapacity for work by disease or other cause—
> >
> > > (a) not entitling the worker to compensation under this Act, and
> >
> > > (b) existing at the time when the total or partial incapacity for work would otherwise have resulted from the injury.