Supplementary Provisions, Article 3
第三条
With regard to a worker who, before the effective date, was paid, for the same injury or illness in the course of duties, both a compensation payment for loss of salary during a temporary absence from work under the provisions of Article 14 of the former Industrial Accident Insurance Act and a disability pension under the provisions of Article 47 of the Employees' Pension Insurance Act (Act No. 115 of 1954) or a benefit under the laws and regulations specified by Cabinet Order referred to in item (ii) of Appended Table 1 of the former Industrial Accident Insurance Act which is equivalent to a disability pension under the provisions of the Employees' Pension Insurance Act, and who continues to receive those pensions on and after the effective date, the amount of the compensation payment for loss of salary during a temporary absence from work under the provisions of Article 14 of the Industrial Accident Compensation Insurance Act as amended by the provisions of Article 1 (hereinafter referred to as the "new Industrial Accident Insurance Act") to be paid to the worker for that injury or illness is, if the amount calculated pursuant to the provisions of that Article is less than the amount of the compensation payment for loss of salary during a temporary absence from work under the provisions of Article 14 of the former Industrial Accident Insurance Act for which the grounds for payment arose on the day before the effective date (or, if no grounds for paying a compensation payment for loss of salary during a temporary absence from work arose on that day, the amount of the compensation payment for loss of salary during a temporary absence from work on the last day before that day on which grounds for paying it arose), notwithstanding the provisions of Article 14 of the new Industrial Accident Insurance Act, an amount equivalent to the amount of that compensation payment for loss of salary during a temporary absence from work under the provisions of Article 14 of the former Industrial Accident Insurance Act.
施行日前に同一の業務上の負傷又は疾病につき旧労災保険法第十四条の規定による休業補償給付と厚生年金保険法(昭和二十九年法律第百十五号)第四十七条の規定による障害年金又は旧労災保険法別表第一第二号の政令で定める法令による給付であつて厚生年金保険法の規定による障害年金に相当する給付とを支給されていた労働者で、施行日以後も引き続きこれらの年金の支給を受けるものに対し、当該負傷又は疾病について支給する第一条の規定による改正後の労働者災害補償保険法(以下「新労災保険法」という。)第十四条の規定による休業補償給付の額は、同条の規定により算定した額が、施行日の前日に支給すべき事由の生じた旧労災保険法第十四条の規定による休業補償給付の額(同日に休業補償給付を支給すべき事由が生じなかつたときは、同日前に最後に休業補償給付を支給すべき事由が生じた日の休業補償給付の額)に満たないときは、新労災保険法第十四条の規定にかかわらず、当該旧労災保険法第十四条の規定による休業補償給付の額に相当する額とする。
The provisions of the preceding paragraph apply mutatis mutandis to a worker who, before the effective date, was paid, for the same injury or illness due to commuting, both a payment for loss of salary during a temporary absence from work under the provisions of Article 22-2 of the former Industrial Accident Insurance Act and a disability pension prescribed in that paragraph or a benefit equivalent to a disability pension, and who continues to receive those pensions on and after the effective date. In this case, the phrases "Article 14 of the Industrial Accident Compensation Insurance Act as amended by the provisions of Article 1 (hereinafter referred to as the 'new Industrial Accident Insurance Act')" and "Article 14 of the new Industrial Accident Insurance Act" in that paragraph are deemed to be replaced with "Article 22-2 of the new Industrial Accident Insurance Act", the phrase "compensation payment for loss of salary during a temporary absence from work" with "payment for loss of salary during a temporary absence from work", and the phrase "Article 14 of the former Industrial Accident Insurance Act" with "Article 22-2 of the former Industrial Accident Insurance Act".