69Amount of compensation in case of incapacity

69 Amount of compensation in case of incapacity

(1)  [Section 69 Subsection (1) amended by No. 42 of 2007, s. 15, Applied:31 Oct 2007] [Section 69 Subsection (1) amended by No. 65 of 2004, s. 17, Applied:17 Dec 2004] *[Section 69 Subsection (1) amended by No. 43 of 1993, s. 17 ]**[Section 69 Subsection (1) amended by No. 16 of 1995, s. 46 ]*Subject to this section, where total or partial incapacity for work results from an injury suffered by a worker and where the existence of such total or partial incapacity is supported by a certificate in a form approved by the Board signed by a medical practitioner or accredited person, the compensation payable to him under this Act is–

(a) [Section 69 Subsection (1) amended by No. 42 of 2007, s. 15, Applied:31 Oct 2007] in the case of the total incapacity of the worker for work, weekly payments equal to–

(i) the normal weekly earnings of the worker; or

(ii) the ordinary time rate of pay of the worker for the work in which, and for the hours during which, the worker was engaged immediately before the period of incapacity–

whichever is the greater; or

(b) [Section 69 Subsection (1) amended by No. 42 of 2007, s. 15, Applied:31 Oct 2007] [Section 69 Subsection (1) amended by No. 42 of 2007, s. 15, Applied:31 Oct 2007] in the case of the partial incapacity of the worker for work, weekly payments for the period of that incapacity equal to the difference between the worker's weekly payment calculated in accordance with paragraph (a) and the amount that the worker is earning or would be able to earn in suitable employment or business during that period of incapacity.

(2)  [Section 69 Subsection (2) amended by No. 16 of 1995, s. 46 ][Section 69 Subsection (2) substituted by No. 42 of 2007, s. 15, Applied:31 Oct 2007] For the purposes of this section, if the period of employment is 14 days or less, the normal weekly earnings of the worker before the commencement of the period of incapacity are to be taken to be –