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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3481 ..
5M Gradual onset of incapacity
(1) This section applies if, because of the gradual onset of a worker's injury, it appears that the level of the worker's average pre-incapacity weekly earnings, or average pre-incapacity weekly hours, have been affected.(2) The worker's average pre-incapacity weekly earnings, or average pre-incapacity weekly hours, must be set at an amount that fairly represents the weekly amount that the worker would have been earning or working if the level had not been affected.
16.
Clause 5
Page 18, line 16-
Omit the clause, substitute the following clause:5 Section 7
substitute
Part 4.2 Compensation for personal injury
6C General entitlement to compensation for personal injury (ACT WCA s 7 (1))
(1) An employer is liable to pay compensation under this Act if a worker of the employer suffers personal injury arising out of, or in the course of, the worker's employment.
(2) However, if the injury is caused by a disease, the injury is taken to have arisen out of, or in the course of, the worker's employment only if the employment substantially contributes to the injury.
(3) Also, an injury suffered by a worker partly or completely because the worker had any of the following pre-existing conditions is taken to have arisen out of, or in the course of, the worker's employment only if the employment substantially contributes to the injury:
(a) diseased heart valve;
(b) coronary artery disease;
(c) aortic aneurism;
(d) cerebral aneurism.
(4) Further, this section is subject to the following provisions:
(a) section 7A (Compensation limited to Territory workers);
(b) section 7B (Injury outside Australia);
(c) part 4.8 (Exceptions to entitlements to compensation);
(d) in relation to the entitlement to weekly compensation-
(i) section 8A (What if the worker is dead?);
(ii) section 10ZI (Compliance by workers).
6D Amounts of compensation under Act cumulative (ACT WCA s 7 (5))
An amount of compensation payable under a provision of this Act in relation to an injury is, unless otherwise expressly stated, in addition to any amount of compensation paid or payable under any other provision of this Act.
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