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.]