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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 46

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 46

46 .         Compensation limited to prescribed amount

        (1)         Notwithstanding any other provisions of this Act, the compensation payable to a worker in respect of any period or periods of total or partial incapacity due, or deemed due, solely to pneumoconiosis, arising, or deemed to arise, out of or in the course of employment in a process, described in column 2 of Schedule 3 as any process entailing exposure to mineral dusts harmful to the lungs, or to that disease in combination with any other disease, shall not in any case exceed the prescribed amount; and the provisions of this section shall apply whether the period or periods of incapacity occur or result while the worker is employed by the same employer or by different, successive employers.

        (2)         A worker who has received the full amount of compensation that was the maximum amount of his employer’s liability to him under this Act, as it existed at the time of the payment, in respect of pneumoconiosis or that disease in combination with any other disease, and who is subsequently employed in any process entailing exposure to mineral dusts harmful to the lungs, shall not in any circumstances be entitled to further compensation or benefit for any period of incapacity due to pneumoconiosis, or to that disease in combination with any other disease.

        (3)         A supplementary amount paid under Schedule 5 clause 4 or 8 is not compensation for the purpose of this section.

        [Section 46 amended: No. 104 of 1984 s. 3; No. 19 of 2010 s. 51; No. 47 of 2011 s. 7.]

[ 47.         Deleted: No. 36 of 2020 s. 369.]