Section 8
Amount of
The amount of compensation payable in accordance
~~~pensa-with the provisions of this Act shall be as specified in the
Third Schedule to this Act.
Method of calculating earnings 9.
(1)
For the purposes of this Act the earnings of a workman shall be computed in such manner as is best calcu-lated to give his true monthly earnings at the date of the accident, subject to the folJowing provisions-
(a)
where the workman has been exclusively employed by the employer who is liable to pay compensation during a continuous period of not less than 6 months immediately preceding the acci-dent in the grade in which he was employed at the time of the accident, his monthly earnings shall be deemed to be the average amount of his earnings during the last 6 completed months of that period:
(b)
Where the workman has been exclusively employed by the employer who is liable to pay compensation in the grade in which he was em-ployed at the .time of the accident during a con-tinuous period of less than 6 months immediately preceding the accident and there is another work-man who has been exclusively employed on similar work by the same employer for a continuous period of not less than 6 months immediately pre-ceding the accident, the monthly earnings of the former workman shall be deemed to be the aver-age amount of the earnings of the latter workman during the last 6 completed months of that period;
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Workmen's Compensation
(c)
where reliable evidence of the earnings of the relevant workman under paragraph (a) or (b)
does not exist or cannot be adduced without undue delay or expense, regard may be had to evidence of the earnings of workmen employed on similar work in the same locality at or about the date of the accident;
(d)
where the earnings_ of a workman cannot be determined according to the provisions of para-graph (a), (b) or (c) of this subsection or where the earnings of workman so determined are less than
$150 a month then in any such case the monthly earnings of such workman shall be deemed to be
$150.
(2)
Where a workman is employed under concurrent contracts of employment with 2 or more employers under which he worked at one time for one such employer and at another time for another such employer, his monthly earn-ings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident.
(3)
For the purposes of this section a period of em-ployment shall be deemed to be continuous which has not been interrupted by a period of absence from work exceed-ing 14 days.
(4)
The provisions of subsections (1) and (2) shall
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apply to the calculation of monthly earnings for the pur-poses of the definition of "workman" in section 2.
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