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CAP. 282]
Employees' Compensation
[1988 Ed.
(b) the percentage of the loss of earning capacity specified or assessed in relation to that injury or combination of injuries in accordance with subsection (1) would be substantially less than the percentage of the loss of earning capacity permanently caused by the injury or injuries in the special circumstances of the employee, including, without limiting the generality of the foregoing-
(i) the nature of the injury or injuries in relation to the nature of his former usual employment; and
(ii) his qualifications, previous training and experience,
the amount of compensation shall be such percentage of the compensation which would have been payable in the case of permanent total incapacity as is proportionate to the loss of earning capacity permanently caused by the injury or injuries in any employment which, having regard to those special circumstances, the employee was capable of undertaking at that time. (Added, 76 of 1982, s. 6)
(2) Where more injuries than one are caused by the same accident, the amount of compensation payable under the provisions of this section shall be aggregated, but not so in any case as to exceed the amount which would have been payable if permanent total incapacity had resulted from the injuries.
(3) For the purposes of this section, permanent partial incapacity shall be deemed to result from an injury where the percentage or aggregate percentage of the loss of earning capacity amounts-
(a) in the case of an incapacity of a permanent nature which results from an injury specified in the First Schedule, to less than 100 per cent as specified in that Schedule; or
(b) in the case of an incapacity of a permanent nature which results from an injury not specified in the First Schedule, to less than 100 per cent as assessed by an Ordinary Assessment Board, a Special Assessment Board or the Court,
and a reference in this subsection to an injury shall include a reference to a combination of injuries whether they are mentioned in paragraph (a) or (b) or in both those paragraphs. (Added, 49 of 1985, s. 4)
(4) In assessing the loss of earning capacity for the purposes of subsection (3)(b), an Ordinary Assessment Board, a Special Assessment Board or the Court, as the case may be, may but shall not be obliged to give weight to any actual earnings of the employee earned after the accident causing the injury. (Added, 49 of 1985, s. 4)
Compensation in case of temporary incapacity
10. (1) Where temporary incapacity whether total or partial results from the injury, the compensation shall be the periodical payments hereinafter mentioned, or a lump sum calculated accordingly, having regard to the probable duration, and probable changes in the degree, of the incapacity. Such periodical payments shall be, or shall be at the rate proportionate to, a monthly payment of two-thirds of the difference between the monthly earnings which the employee was earning at the time of the accident and the monthly earnings
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