1986 Ed.]
Pneumoconiosis (Compensation)
[CAP. 360
9
(3) Where compensation is paid to a person in pursuance of this section, that person or his dependants, as the case may be, shall not be entitled to compensation in respect of any other permanent or temporary incapacity or the death of the person resulting from pneumoconiosis.
9. (1) A person who has elected under section 7(1)(b) for payment of compensation in 2 instalments shall be paid compensation-
(a) on the first occasion in respect of the degree of permanent partial incapacity assessed under section 24(1); and
(b) on the second occasion in respect of the additional degree of permanent partial incapacity, if any, assessed under section 24(4).
(2) Except where in any particular case the Commissioner authorizes the payment of compensation under subsection (1)(b) at an earlier date, such payment shall be made at any time after the expiry of 6 years from the date of incapacity.
(3) Application for payment of compensation under subsection (1)(b) shall be made to the Commissioner at any time after the expiry of 6 years, and before the expiry of 8 years, from the date of incapacity; but the Commissioner may in any particular case permit such application to be made before the expiry of such 6 years or after the expiry of such 8 years.
(4) The amount of compensation payable under subsection (1)(b) shall be increased by such amount as the Commissioner thinks fit to ensure that the amount of compensation has retained its value in relation to the general level of prices prevailing in Hong Kong.
(5) Where compensation is paid to a person under subsection (1)(a), that person shall not be entitled to any compensation in respect of temporary incapacity.
10. (1) Where temporary incapacity, whether total or partial, results from pneumoconiosis, the compensation payable shall be in accordance with Part III of the First Schedule.
(2) No compensation for temporary incapacity shall be payable under this section unless a certificate is issued by a medical practitioner stating that a person is suffering from pneumoconiosis and the date on which the temporary incapacity commenced.
11. (1) Where permanent total incapacity which results from pneumoconiosis is of such a nature that the person is unable to perform the essential actions of life without the constant attention of another person, in addition to any compensation under the other provisions of this Ordinance, such compensation as the Commissioner considers necessary to meet the cost of such constant attention shall be payable under this section.
Payment of compensation for permanent partial incapacity in 2 instalments.
Compensation for temporary incapacity. First Schedule, Part III.
Compensation for constant attention.
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