Section 48 — Workers Compensation Act 1987 (NSW)

(cf former s 7 (2A))
(1) Compensation is payable under this Division in respect of an injury which, but for existing incapacity, would have resulted in total or partial incapacity for work of the worker.
(2) Any such compensation is payable as if total or partial incapacity for work had in fact resulted from the injury.
(3) In this section—
existing incapacity means total incapacity for work by disease or other cause—
(a) not entitling the worker to compensation under this Act, and
(b) existing at the time when the total or partial incapacity for work would otherwise have resulted from the injury.

Related sections

• s 45 — Reduction of weekly payments to qualify for other benefits
• s 46 — Reduction of weekly payments to prevent dual benefits
• s 47 — Incapacity deemed to exist in certain cases
• s 49 — Weekly compensation payable despite holiday pay etc
• s 50 — Weekly compensation and sick leave
• s 52 — Termination of weekly payments on retiring age

Research how courts apply s 48

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.