A226
Ord. No. 44/80
Amendment of section 36D.
9.
Amendment of section 36E.
Amendment of section 36G.
Repeal and replacement of sections 361 and 36J.
WORKMEN'S COMPENSATION (AMENDMENT)
Section 36D of the principal Ordinance is amended- (a) in subsections (1) and (2), by deleting "workman" wherever it
occurs and substituting in each case the following-
"Director"; and
(b) in subsection (3), by deleting "a Medical Assessment Board
under section 361(2)" and substituting the following--
"the Board under section 36M(4)”.
10. Section 36E of the principal Ordinance is amended-
(a) in subsections (1) and (2), by deleting "workman" wherever it
occurs and substituting in each case the following-
"Director";
(b) in subsection (1), by deleting "14 days" and substituting the
following--
"1 month"; and
(c) in subsection (2), by deleting "of Medical and Health Services".
11. Section 36G of the principal Ordinance is amended by deleting "workman" and substituting the following-
"Director".
12. Sections 361 and 36J of the principal Ordinance are repealed and replaced by the following
"Employer's
liability
to pay for
the cost of repair or renewal of prostheses or surgical appliances.
Limit of employer's
liability to pay under section 361.
Treatment of claims under section 361.
Payment of costs from and into general revenue.
361. Subject to section 36J, where in respect of an accident occurring on or after the date on which this section comes into operation an employer is liable to pay for the cost of supplying and fitting a prosthesis or surgical appliance to an employee under section 36B, he shall also be liable to pay for the probable cost of the normal repair and renewal of the prosthesis or surgical appliance during a period of 10 years after the date on which the prosthesis or surgical appliance is originally fitted.
36J. The amount of the cost which the employer is liable to pay under section 361 shall be the total amount assessed by the Board under section 36M(2)(c) and (3) and shall not, in the case of any one employee, exceed an aggregate of $30,000 in respect of any one accident.
36K. (1) A claim for payment of the cost which an employer is liable to pay under section 361 shall be treated as a claim for the cost of supplying and fitting a prosthesis or surgical appliance under section 36B, and, subject to sub- section (2), sections 36D, 36E, 36F and 36G shall, with the necessary modifications, apply in respect of a claim under section 36I.
(2) An employer may not, in respect of any claim made under section 361, dispute the necessity for renewal and repair of the prosthesis or surgical appliance.
36L. (1) Where, in respect of an accident occurring on or after the date on which this section comes into operation, an employer is liable to pay for the cost of-
(a) supplying and fitting any prosthesis or surgical appliance to an injured employee under section 36B; and
WORKMEN'S COMPENSATION (AMENDMENT)
Prostheses
and Surgical Appliances Board.
Ord. No. 44/80
A227
(b) the normal repair and renewal of such prosthesis
or surgical appliance under section 361, then, subject to the rights of the Director in respect of the recovery of any amount from the employer under this Part, the cost-
(i) of the supplying and fitting; and
(ii) whenever incurred, of the normal repair and
renewal,
of such prosthesis or surgical appliance shall be payable out of the general revenue of Hong Kong.
(2) All amounts--
(a) paid to the Director under section 36E(1); and (b) recovered by him under sections 36F(2) and 36G, shall be paid by him into the general revenue of Hong Kong.
36M. (1) The Director shall appoint a board to be known as the Prostheses and Surgical Appliances Board which shall consist of-
(a) 2 medical practitioners or registered dentists; and (b) the Senior Industrial Health Officer or any In-
dustrial Health Officer.
(2) The functions of the Board shall be- (a) to determine whether a prosthesis or surgical appliance required by an injured employee is necessary for him having regard to the nature and extent of his injury and, if so, to determine the cost of supplying and fitting the same;
(b) in any case where a prosthesis or surgical appliance has already been fitted to an injured employee, to determine whether the prosthesis or surgical appli- ance is necessary for him having regard to the nature and extent of his injury and, if so, to determine whether the cost of the same is reason- able; and
(c) in any case to which section 361 applies, to assess the total amount of the probable cost of the normal repair and renewal of any prosthesis or surgical appliance during a period of 10 years after the date of the original fitting of the same.
(3) The Board shall, when assessing the total amount of the probable cost of the normal repair and renewal of a prosthesis or surgical appliance under subsection (2)(c), have regard to-
(a) the durability of the prosthesis or surgical appli-
ance originally fitted;
(b) the probable number of replacements of such prosthesis or surgical appliance required during a period of 10 years after the date of the original fitting; and
(c) the cost of the prosthesis or surgical appliance at
the time of the assessment.
(4) If the Board is satisfied-
(a) in any case to which subsection (2)(a) applies, that the prosthesis or surgical appliance is necessary; or