Treatment of
chalme under sectiva 301.
Payment of Good from sund flo genern revenue.
Probes
and Surgical Appěládce
Baard
36K, (1) A claim for payment of the cost which an employer is liable to pay under section 361 shall be treated as a claim for the cost of supplying and fitting a prosthesia or surgical appliance under section 368, and, subject to sub- section (2), sections 36D, 362, 36F and 360 shall, with the necessary modifications, apply in respect of a claim under section 361.
(2) An employer may not, in respect of any claim made under section 361, dispute the necessity for renewal and repair of the prosthesis or surgical appliance.
36L (1) Where, in respect of an accident occurring on or after the date on which this section comes into operation, an employer is liable to pay for the cost of—
(a) supplying and fitting any prosthesis or surgical appliance to an lajured employee under section 36B: and
(b) the normal repair and renewal of such prosthesla
Or surgical appliance under section 361.
then, subject to the rights of the Director in respect of the recovery of any amount from the employer under this Part, the cost--
( of the supplying and fitting; and
(1) whenever incurred, of the normal repair and
renewal,
of such prosthesis or surgical appliance shall be payable out of the general revenue of Hong Kong.
(2) All amounts-
(a) paid to the Director under section 36B(1); and (6) recovered by him under sections 36F(2) and 366, shall be paid by him into the general revenue of Hong Kong.
36M. (1) The Dircolor shall appoint a board to be known as the Frostheses and Surgical Appliances Board which shall consist of
(a) 2 medical practitioners or registered dentists; and (b) the Senior Industrial Health Officer or ang Jo-
dustrial Health Officer.
(2) The functions of the Board shall be
(a) to determine whether a prosthesis or surgical appliance required by an injured employee de necessary for him baving regard to the nature and extent of his injury and, if so, to determine the cost of supplying and fitting the same; (b) in any case where a prosthesis or surgical appliance bas already been fitted to an injured employer, to determine whether the prosthesis or surgical appli- ance is necessary for him having regard to the nature and extent of his injury and, if so, to determine whether the cost of the same is reason- able; and
(c) in any case to which section 361 applies, to assess the total amount of the probable cost of the normal repair and renewal of any prosthesis_or aurgical appliance during a period of 10 years after the date of the original fitting of the same.
Director to take steps In ea
popply, ecc.
Applications
of protikoak of Acctions 5. 21. 24. 25. 28, 31 and 47.
(3) The Board shall, when assessing the total amount of the probable cost of the normal repair and renewal of a prosthesis or surgical appliance under subsection (2)(2), have regard to-
(4) the durability of the prosthesis or surgical appli-
ance originally fitted;
(b) the probable number of replacements of such prosthesis or surgical appliance required during a period of 10 years after the date of the original Alling; and
(c) the cost of the prosthesis or surgical appliance al
the time of the assessment.
(4) If the Board is satisfied-
(a) in any case to which subsection (2)(a) applies, that the prosthesis or surgical appliance is necessary; or (b) in any case to which subsection (2)(b) applies, that the prosthesis or surgical appliance is necessary and that the cost of supplying and fitting the same is reasonable,
it shall issue a certificate to the Director, stating in respect
of such prosthesis or surgical appliance--
()) that it is necessary;
(ii) the cost of the supplying and fitting:
Gin that such cost has been determined by the Board under subsection (2)(a) or has been determined by the Board to be reasonable under subsection (2X), as the case may be, and
(iv) where applicable, the Board's assessment of the total amount of the probable cost under subsection (2)(c). (5) A certificate purporting to be issued under sub- section (4) and to be signed by or for the Board shall be admitted in evidence without further proof on its production in the Court and
(a) until the contrary is proved, it shall be presumed
that the certificate is so issued and signed;
(b) shall be evidence of the matters stated therein. 36N. The Director shall take such step, as to him seem necessary to casure-
(a) the supply and fitting of a prosthesis or surgical appliance to an injured employee under section 36B;
and
(b) the normal repair and renewal of such prosthesis
or surgical appliance under section 36T.
360. For the purposes of this Part, sections 5(2), (3), (4) and (5), 21(1), 24, 25, 28, 31 and 47 shall apply as if an employer's liability to pay for the cost of supplying and fitting a prosthesis or surgical appliance and for the cost of repair and renewal of such prosthesis or surgical appliance were a liability to pay compensation in accordance with the provisions of this Ordinance, and-