Section 49 — Workers Compensation Act 1987 (NSW)

(cf former s 7 (2B))
(1) Compensation is payable under this Division to a worker in respect of any period of incapacity for work even though the worker has received or is entitled to receive in respect of the period any payment, allowance or benefit for holidays, annual holidays or long service leave under any Act (Commonwealth or State), award or industrial agreement under any such Act or contract of employment.
(2) The amount of compensation so payable is the amount which would have been payable to the worker had the worker not received or been entitled to receive in respect of the period any such payment, allowance or benefit.

Related sections

• s 46 — Reduction of weekly payments to prevent dual benefits
• s 47 — Incapacity deemed to exist in certain cases
• s 48 — Compensation payable despite existing incapacity
• s 50 — Weekly compensation and sick leave
• s 52 — Termination of weekly payments on retiring age
• s 53 — Weekly payments—residence outside the Commonwealth

Research how courts apply s 49

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