2 -
has as its members only medical practitioners whose assessments are based purely on medical evidence and the standards set in the First Schedule. This has been subject to criticism because the assessment is only related to the physical disability or loss of bodily functions of the injured employee, and fails to assess the overall "loss of earning capacity". as required under the Ordinance. With the introduction of the new machinery, the overall loss of earning capacity will be assessed in a fairer and more equitable manner, as other pertinent factors such as qualifications, previous training, former usual occupation, etc., will be taken into account. In spite of its statutory recognition, the new Employment Compensation Assessment Board will continue to function mainly as an advisory body, and not a tribunal. In case of disputes, the ultimate authority will still rest with the Courts.
(c) Measures to expedite settlement of compensation claims
The amendments will introduce a simpler and quicker procedure for handling compensation cases involving no permanent incapacity and a period of temporary incapacity not exceeding 14 days. The Commissioner for Labour will be empowered to issue "Certificates of Compensation" to both employers and injured employees, thereby relieving both parties from entering into agreements, which is considered to be a cumbersome and time-consuming procedure. It is important to note that this is not intended to give the Commissioner for Labour & judicial power like that of an arbitrator.
a Either party who disagrees with the decision of the Commissioner can request a review or seek a judicial decision by the Court. Furthermore, in the more serious compensation cases involving permanent incapacity or where the period of temporary incapacity exceeds 14 days, the principle of settling the claim of compensation by agreement is retained.
(a) Injuries suffered while travelling to and from work
As a result of the amendments, employees injured while travelling to or from their place of work in transport provided by the employer will become qualified to claim compensation. Hitherto, it has been very difficult to establish that such injuries arise "out of and in the course of employment".
our
ever
you
Geoft
( G.T. Barnes )
for Secretary for Social Services
}