48Compensation payable despite existing incapacity

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.

(2) Any such compensation is payable as if total or partial incapacity for work had in fact resulted from the injury.

(3) In this section—

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.