1986 Ed.]

Pneumoconiosis (Compensation)

[CAP. 360

13

(ii) if the Board determines that the death did not result from pneumoconiosis, whether any permanent incapacity, total or partial, had resulted from pneumoconiosis prior to the death. (Replaced, 15 of 1986, s. 2)

(4) In any claim for compensation under section 5, a written report made of findings on an inquiry under subsection (2)(a)(i) purporting to be signed by or for the Commissioner shall, for the purposes of section 17(1), be admitted in evidence without further proof on its production and until the contrary is proved-

(a) it shall be presumed that the report is so made and signed;

(b) shall be evidence of the matters stated therein.

15. (1) Compensation shall be assessed by the Commissioner.

(2) When the Commissioner assesses compensation under subsection (1), he shall issue a certificate in such form as he may specify stating the amount of the compensation and the particulars of the assessment to-

(a) the person or dependants claiming under section 14; and (b) the Board.

(3) An objection to the amount of the compensation assessed under subsection (1) may be made by the person or dependants or the Board, to the Commissioner in writing within 14 days after the receipt of the certificate issued under subsection (2) stating the grounds of the objection, and a copy of the objection shall be sent by the objector-

(a) where the objector is the person or his dependants, to the Board; or

(b) where the objector is the Board, to the person or his dependants.

(4) On receipt of an objection under subsection (3), the Commissioner shall review the assessment under subsection (1) and shall issue to the parties referred to in subsection (2) a certificate in such form as he may specify stating-

(a) that the original assessment is confirmed; or

(b) the revised amount of the compensation and the particulars of the assessment.

(5) The Board shall pay from the Fund compensation within 21 days after-

(a) the receipt of the certificate issued under subsection (2); or

(b) where an objection is made under subsection (3), the receipt of the certificate issued under subsection (4),

(6) A certificate purporting to be issued under subsection (2) or (4) and to be signed by or for the Commissioner shall be admitted

Assessment and payment of compensation.

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