46
CAP. 282]
Employees' Compensation
{1988 Ed.
(3) If the employer who last employed the employee during the prescribed period immediately preceding the incapacity or death in the employment to the nature of which the occupational disease was due alleges that the disease was in fact contracted whilst the employee was in the employment of some other employer during such period, and not whilst in his employment, he may join such other employer as a party to the proceedings in respect of the claim for compensation, and if the allegation is proved that other employer shall be the employer from whom the compensation is recoverable.
(4) If the occupational disease is of such a nature as to be contracted by a gradual process, any other employers who during the prescribed period immediately preceding the incapacity or death employed the employee in the employment to the nature of which the disease was due shall be liable to make to the employer from whom compensation is recoverable pursuant to subsection (1)(c) or subsection (3) such contribution as, in default of agreement, may be determined by a Court at the hearing of the claim for compensation, or, if the amount of and liability to pay the compensation is not in dispute, by the Court at a separate hearing.
(5) Nothing in subsection (2) shall be construed as preventing the employee or his dependants, as the case may be, from recovering compensation under this Part from any other employer who employed the employee in the employment to the nature of which the occupational disease was due during the prescribed period immediately preceding the incapacity or death in the event of the employer who last employed the employee in such employment proving that the disease in question was not contracted whilst the employee was in his employment.
(6) For the purposes of this section-
(a) the date of the incapacity shall, in the absence of agreement, be such date as the Court shall determine as being the date upon which the incapacity commenced; and no employee shall be prejudiced in any claim for compensation under this Part by reason only of the fact that the notice of incapacity given to the employer specified some other date;
(b) the prescribed period shall be the period specified in the fourth column of the Second Schedule in relation to the trade, industry or process specified in the third column of that Schedule.
(Added, 19 of 1964, s. 5. Amended, 55 of 1969, s. 23 and 44 of 1980, s. 15)
Medical examination before employment
33. (1) Any employer may, before employing an employee in any trade, industry or process specified in the third column of the Second Schedule, require the employee to undergo a medical examination by a medical practitioner at the cost of the employer.
(2) (a) Subject to paragraph (b), any employee who refuses to undergo a medical examination required under subsection (1) shall not be entitled to recover from that employer compensation under this Ordinance for incapacity or death suffered as a result of an occupational disease.