Employer's liability to pay for the cost of supplying Sitting and prostbesia or surgical appliance.
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"prosthesis" means any artificial item which replaces a part of the body removed or amputated as a result of an injury;
"surgical appliance" means any artificial item which supports directly or indirectly the structure or function of a part of the body impaired as 3 result of an injury.
36B. (1) Subject to the provisions of this section, if, in any employment, personal injury is caused to a workman by accident arising out of and in the course of the employment, the employer shall, notwithstand- ing any compensation be may be liable to pay under this Ordinance, be liable to pay for the cost of supplying and filling to the workmau a prosthesis or surgical appliance required by him as a result of his injury.
(2) The employer shall not be liable under subsection (1) unless
(a) the workman submits himself to treatment by a medical practitioner or a registered dentist;
(b) the prosthesis or surgical appliance is
supplied and fitted to the workman; and
(c) the prosthesis or surgical appliance so
supplied and fitted is-
(1) manufactured or on sale in Hong Kong;
(i) certified by a Medical Assessment Board as necessary to the workman having regard to the nature and extent of his injury; and
(iii) in the opinion of a Medical Assess- ment Board, reasonable in cost.
(3) If the prosthesis or surgical appliance requir- ed by the workman is not manufactured or on sale in Hong Kong, and the Director of Medical and Health Services gives his approval, the workman may be supplied and fitted with a prosthesis or surgical appliance which is manufactured or on sale at a place other than Hong Kong, in which case, the employer shall, notwithstanding subsection (2)(c)(i), be liable to pay for the cost of supplying and fitting the same to the workman.
Limit of employer's liability to pay under section 368.
Manner in which a claim under
section 369
may be made.
Employer to par amount in fourteen
days unless he disputes the claim.
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36C. The amount of the cost which the employer
is liable to pay under section 36B shall not, in the case of any one workman, exceed an aggrogate of ten thousand dollars in respect of any one accident.
36D. (1) A claim for the cost of supplying and fitting any prosthesis or surgical appliance which the employer is liable to pay under section 36B may be made by the workman by serving on the employer a request in writing for the payment of the cost.
(2) A request for payment under subsection (1) shall specify-
(a) the particulars of the accident and the injury
caused thereby,
(b) the amount claimed; and
(c) the address at which the workman may be served under section 36E(2)8) if the employer disputes the claim.
(3) A request for payment under subsection (1) shall be supported by a certificate issued by a Medical Assessment Board under section 361(2).
36E. (1) The employer shall, on receipt of a request for payment under section 36D and before the expiry of fourteen days from the time of receipt, pay the amount of the cost to the workman, uoless he disputes his liability to pay or the necessity or cost of the prosthesis or surgical appliance.
(2) If the employer so disputes, he shall within the period specified in subsection (1)
(a) deposit the amount of the cost claimed with the Director of Medical and Health Services who shall hold the same until any such dispute is determined; and
(b) serve on the workman at the address specified in section 36D(2) a notice setting out the grounds of dispute.
(3) If the employer so disputes, but fails without reasonable excuse to comply with the provisions of subsection (2), he shall be deemed to have agreed to pay the amount of the cost claimed in the request for payment.