CAP. 282
Employees' Compensation
[1988 Ed.
$485,000
IN 3869-1989
IN
Compensation in case of permanent total incapacity
7. (1) Where permanent total incapacity results from the injury, the amount of compensation shall be---
2413865-1989
IN $69.1989
(a) in the case of an employee under 40 years of age at the time of the accident, a lump sum equal to 96 months' earnings or $394,000, whichever is the less;
$485,000
(b) in the case of an employee of or over 40 years of age but under 56 years of age at the time of the accident, a lump sum equal to 72 months' earnings or $394,000, whichever is the less;
$485,000
(c) in the case of an employee of or over 56 years of age at the time of the accident, a lump sum equal to 48 months' earnings or $394,000, whichever is the less. (Amended, L.N. 79/83; L.N. 321/85 and L.N. 390/87)
(2) The amount of compensation payable under subsection (1) shall in no case be less than $132,000. (Amended, L.N. 79/83; L.N. 321/85 and L.N. 390/87)
$162,000
(3) For the purposes of this section, permanent total incapacity shall be deemed to result from an injury where the percentage or aggregate percentage of the loss of earning capacity amounts-
(a) in the case of an incapacity of a permanent nature which results from an injury specified in the First Schedule, to 100 per cent or more as specified in that Schedule; or
(b) in the case of an incapacity of a permanent nature which results from an injury not specified in the First Schedule, to 100 per cent or more as assessed by an Ordinary Assessment Board, a Special Assessment Board or the Court,
and a reference in this subsection to an injury shall include a reference to a combination of injuries whether they are mentioned in paragraph (a) or (b) or in both those paragraphs. (Added, 49 of 1985, s. 3)
Employee requiring constant attention
(Replaced, 44 of 1980, s. 4)
8. (1) Where permanent total incapacity which results from the injury is of such a nature that the employee is unable to perform the essential actions of life without the constant attention of another person, in addition to any compensation under other provisions of this Ordinance, such compensation as the Court considers necessary to meet the cost of such constant attention shall be payable under this section.
(2) Compensation under this section shall be---
(a) a lump sum payment calculated with regard to the probable duration and cost of the constant attention; or
(b)
(i) periodical payments, payable at such intervals as the Court may order, to cover periods not exceeding a total of 2 years after the date on which the employee becomes entitled to receive compensation under section 7; and