Employees' Compensation
[1988 Ed.
(8) Subsections (2), (3), (4), (5), (6) and (7) shall not apply where an assessment is reviewed under section 16GA(2). (Added, 31 of 1985, s. 6)
(Added, 76 of 1982, s. 14)
Review of assessments other than under section 16G
16GA. (1) Without prejudice to section 16G, an Ordinary Assessment Board or a Special Assessment Board may, on its own initiative, review its assessment under section 16D(5) or section 16E(8) or (9), as the case may be, within 3 months after the date of issue of a certificate under section 16F, or within such further time as the Ordinary Assessment Board or the Special Assessment Board, in the circumstances of any particular case, thinks fit, if the assessment-
(a) was made in ignorance of, or under a mistake as to, the true nature or the extent of the injury; or (Amended, 60 of 1986, s. 3)
(b) was based upon any false or misleading information or statement given or made,
and may confirm or vary the assessment.
(2) An Ordinary Assessment Board or a Special Assessment Board may review its assessment under subsection (1) and at the same time take into account any objection under section 16G(1).
(3) Before proceeding with a review under subsection (1), the Ordinary Assessment Board or the Special Assessment Board, as the case may be, shall notify the employer, the employee and the Commissioner in writing of the review and the ground of the review specified in subsection (1), and (where applicable) that an objection under section 16G(1) is being taken into account.
(4) Upon completing a review under subsection (1) or (2), the Ordinary Assessment Board or the Special Assessment Board, as the case may be, shall issue to the employer, the employee and the Commissioner a certificate in such form as may be specified by the Commissioner stating-
(a) that the original assessment is confirmed and giving details thereof; or
(b) details of the assessment as varied.
(5) Upon the issue of a certificate under subsection (4), the certificate referred to in subsection (1) shall be cancelled.
(6) Notwithstanding anything in subsection (1), (2), (4) or (5), where upon a review of an assessment by an Ordinary Assessment Board under subsection (1) or (2), it appears to the Ordinary Assessment Board that the claim for compensation to which the assessment relates is one to which section 9(1A) applies, it shall not complete the review but shall refer the claim to a Special Assessment Board.
(7) The provisions of sections 16E and 16F and of this section shall apply to a claim referred to a Special Assessment Board under subsection (6) of this section as if it were a claim referred to a Special Assessment Board under section 16D(6).