A228
Ord. No. 44/80
Addition of
new section 48A.
Director to
take steps
to ensure supply, etc.
Application
of provisions
of sections
5. 21, 24, 25, 28, 31 and 47.
WORKMEN'S COMPENSATION (AMENDMENT)
(b) in any case to which subsection (2)(b) applies, that the prosthesis or surgical appliance necessary and that the cost of supplying and fitting the same is reasonable,
it shall issue a certificate to the Director, stating in respect of such prosthesis or surgical appliance-
(i) that it is necessary;
(ii) the cost of the supplying and fitting;
(iii) that such cost has been determined by the Board under subsection (2)(a) or has been determined by the Board to be reasonable under subsection (2)(b), as the case may be; and
(iv) where applicable, the Board's assessment of the total amount of the probable cost under subsection (2)(c).
(5) A certificate purporting to be issued under sub- section (4) and to be signed by or for the Board shall be admitted in evidence without further proof on its production in the Court and-
(a) until the contrary is proved, it shall be presumed
that the certificate is so issued and signed;
(b) shall be evidence of the matters stated therein. 36N. The Director shall take such steps as to him seem necessary to ensure-
(a) the supply and fitting of a prosthesis or surgical appliance to an injured employee under section 36B; and
(b) the normal repair and renewal of such prosthesis
or surgical appliance under section 361.
360. For the purposes of this Part, sections 5(2), (3), (4) and (5), 21(1), 24, 25, 28, 31 and 47 shall apply as if an employer's liability to pay for the cost of supplying and fitting a prosthesis or surgical appliance and for the cost of repair and renewal of such prosthesis or surgical appliance were a liability to pay compensation in accordance with the provisions of this Ordinance, and-
(a) notwithstanding anything in sections 24 and 28, in the application of those sections in respect of any claim for such cost under this Part the rights possessed by or vested in an employee under those sections shall be vested in the Director; and
(b) notwithstanding anything in section 31, the right of any person to compensation referred to in section 31(2) shall be deemed to include the right of the Director to claim for such cost under this Part.".
13. The principal Ordinance is amended by adding, after section 48, the following-
"Legislative
Council
may amend amounts of compensation,
etc.
48A. The Legislative Council may by resolution amend the amounts of compensation, cost and expenses specified in sections 6, 7, 8, 36C and 36J.".
WORKMEN'S COMPENSATION (AMENDMENT)
Ord. No. 44/80
A229
14. The principal Ordinance is amended by deleting the First Schedule Replacement and substituting the following-
of First Schedule.
"FIRST SCHEDULE
[s. 9.]
Percentage
of loss of
earning capacity
Item
Injury
1.
Loss of two limbs
2.
Loss of both hands or of all fingers and both thumbs
3.
Loss of both feet
4.
Total loss of sight
100
5.
Total paralysis
...
6.
Injuries resulting in being permanently bedridden
7.
Paraplegia
...
8.
Any other injury causing permanent total disablement
9.
Loss of arm at shoulder
75
10.
Ankylosis of shoulder joint-
in optimum position
in worst position
11.
Loss of arm between elbow and shoulder
12.
123
Loss of arm at elbow ...
3586
35
55
70
65
13.
Ankylosis of the elbow joint—
in optimum position
in worst position
14.
Loss of arm between wrist and elbow
8888
30 50
60
15.
Loss of hand at wrist
60
16.
Ankylosis of wrist joint—
in optimum position
in worst position
...
17.
Loss of four fingers and thumb of one hand
18.
Loss of four fingers of one hand
9999
30
40
50
40
19.
Loss of thumb-
30
both phalanges
20
20
8
20.
21.
one phalanx
guillotine loss of tip without loss of bone
Ankylosis of-
interphalangeal joint of the thumb
metacarpophalangeal joint of the thumb
all these 2 joints of the thumb
Loss of index finger-
three phalanges
two phalanges
one phalanx
::
guillotine amputation of tip without loss of bone
12
4x2
8
14
10
...
4074
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