Defining Incapacity

The definition of incapacity for Comcare's purposes is contained in section 4 (9) of the Act:

“A reference in this Act to an incapacity for work is a reference to an incapacity suffered by an employee as a result of an injury, being:

(a)an incapacity to engage in any work; or

(b)an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth in that work or any other work immediately before the injury happened.”

The term, “incapacity” in itself is not defined by the Act.

Example of section 4 (9)

An employee sustains a fractured leg in compensable circumstances and cannot work for 2 weeks.

This incapacity for work falls within definition (a), as the employee has an “incapacity to engage in any work” as a result of the injury.

then

The employee returns to work after 2 weeks with his leg in plaster. He can perform most of his duties, but because of the compensable condition cannot work overtime.

For compensation purposes, an incapacity for work still exists within the meaning of (b) of the definition. That is, the employee has “an incapacity to engage in work at the same level ... “.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-one-introduction/defining-incapacity

Entitlement To Incapacity Payments

The definition of incapacity for Comcare's purposes is contained in section 4 (9) of the Act:

“A reference in this Act to an incapacity for work is a reference to an incapacity suffered by an employee as a result of an injury, being:

(a)an incapacity to engage in any work; or

(b)an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth in that work or any other work immediately before the injury happened.”

The term, “incapacity” in itself is not defined by the Act.

Example of section 4 (9)

An employee sustains a fractured leg in compensable circumstances and cannot work for 2 weeks.

This incapacity for work falls within definition (a), as the employee has an “incapacity to engage in any work” as a result of the injury.

then

The employee returns to work after 2 weeks with his leg in plaster. He can perform most of his duties, but because of the compensable condition cannot work overtime.

For compensation purposes, an incapacity for work still exists within the meaning of (b) of the definition. That is, the employee has “an incapacity to engage in work at the same level ... “.

Where There Is Incapacity To Engage In Any Work

The definition of incapacity for Comcare's purposes is contained in section 4 (9) of the Act:

“A reference in this Act to an incapacity for work is a reference to an incapacity suffered by an employee as a result of an injury, being:

(a)an incapacity to engage in any work; or

(b)an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth in that work or any other work immediately before the injury happened.”

The term, “incapacity” in itself is not defined by the Act.

Example of section 4 (9)

An employee sustains a fractured leg in compensable circumstances and cannot work for 2 weeks.

This incapacity for work falls within definition (a), as the employee has an “incapacity to engage in any work” as a result of the injury.

then

The employee returns to work after 2 weeks with his leg in plaster. He can perform most of his duties, but because of the compensable condition cannot work overtime.

For compensation purposes, an incapacity for work still exists within the meaning of (b) of the definition. That is, the employee has “an incapacity to engage in work at the same level ... “.

Taking Time Off Work To Attend Medical Treatment

The definition of incapacity for Comcare's purposes is contained in section 4 (9) of the Act:

“A reference in this Act to an incapacity for work is a reference to an incapacity suffered by an employee as a result of an injury, being:

(a)an incapacity to engage in any work; or

(b)an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth in that work or any other work immediately before the injury happened.”

The term, “incapacity” in itself is not defined by the Act.

Example of section 4 (9)

An employee sustains a fractured leg in compensable circumstances and cannot work for 2 weeks.

This incapacity for work falls within definition (a), as the employee has an “incapacity to engage in any work” as a result of the injury.

then

The employee returns to work after 2 weeks with his leg in plaster. He can perform most of his duties, but because of the compensable condition cannot work overtime.

For compensation purposes, an incapacity for work still exists within the meaning of (b) of the definition. That is, the employee has “an incapacity to engage in work at the same level ... “.

Inability To Engage In Work At The Previous Level

The definition of incapacity for Comcare's purposes is contained in section 4 (9) of the Act:

“A reference in this Act to an incapacity for work is a reference to an incapacity suffered by an employee as a result of an injury, being:

(a)an incapacity to engage in any work; or

(b)an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth in that work or any other work immediately before the injury happened.”

The term, “incapacity” in itself is not defined by the Act.

Example of section 4 (9)

An employee sustains a fractured leg in compensable circumstances and cannot work for 2 weeks.

This incapacity for work falls within definition (a), as the employee has an “incapacity to engage in any work” as a result of the injury.

then

The employee returns to work after 2 weeks with his leg in plaster. He can perform most of his duties, but because of the compensable condition cannot work overtime.

For compensation purposes, an incapacity for work still exists within the meaning of (b) of the definition. That is, the employee has “an incapacity to engage in work at the same level ... “.

Calculating 'Duration'

The definition of incapacity for Comcare's purposes is contained in section 4 (9) of the Act:

“A reference in this Act to an incapacity for work is a reference to an incapacity suffered by an employee as a result of an injury, being:

(a)an incapacity to engage in any work; or

(b)an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth in that work or any other work immediately before the injury happened.”

The term, “incapacity” in itself is not defined by the Act.

Example of section 4 (9)

An employee sustains a fractured leg in compensable circumstances and cannot work for 2 weeks.

This incapacity for work falls within definition (a), as the employee has an “incapacity to engage in any work” as a result of the injury.

then

The employee returns to work after 2 weeks with his leg in plaster. He can perform most of his duties, but because of the compensable condition cannot work overtime.

For compensation purposes, an incapacity for work still exists within the meaning of (b) of the definition. That is, the employee has “an incapacity to engage in work at the same level ... “.

Calculating 'Weeks/hours/minutes'

The definition of incapacity for Comcare's purposes is contained in section 4 (9) of the Act:

“A reference in this Act to an incapacity for work is a reference to an incapacity suffered by an employee as a result of an injury, being:

(a)an incapacity to engage in any work; or

(b)an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth in that work or any other work immediately before the injury happened.”

The term, “incapacity” in itself is not defined by the Act.

Example of section 4 (9)

An employee sustains a fractured leg in compensable circumstances and cannot work for 2 weeks.

This incapacity for work falls within definition (a), as the employee has an “incapacity to engage in any work” as a result of the injury.

then

The employee returns to work after 2 weeks with his leg in plaster. He can perform most of his duties, but because of the compensable condition cannot work overtime.

For compensation purposes, an incapacity for work still exists within the meaning of (b) of the definition. That is, the employee has “an incapacity to engage in work at the same level ... “.