Fin Schedule. Part I.
Laraiso
of book for claiming Copper.
Eturd 10 PAY COOPOELICHÓ
to Goverment in certain circumlanINGER.
Appeal.
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Provided that no such variation shall be made which requires the repayment by a dependant of any compensation already paid to him except where such payment has been obtained by fraud, impersonation or other improper means.
(3) Any other compensation payable under this Ordinance-
(0) shall be paid by the Board to the person entitled thereto; of
(b)
if the compensation is payable under section 6 or 11 or is a lump sum payable under paragraph 1 of Part 1 of the First Schedulć, may be paid by the Board to the Commissioner, who shall invest such compensation for the benefit of the person entitled thereto, in such manger as the Commissioner thinks ft.
(4) Nothing in this section shall prevent the Board from making any payment not exceeding $1,000 direct to a person or dependant on account of a claim which is pending settlement or determination, and the Commis- sioner may order that the whole or any part of such payment shall be deducted from the amount of compensation payable to the person or dependant under this Ordinance.
(5) Where the Poeumoconiosis Medical Board bas, in relation to any person, issued a certificate under section 24(6) or (8) and, before the payment of any compensation, that person dies from a cause other than pricumoconiosis his dependants shall be entitled to receive the compensa- tion that the deceased person would have received bad he lived; and the Comunissioner shall apportion such compensation among the dependanta as if it were compensation to which subsection (1) applies.
18. (1) Subject to subsection (2) and section 9, a claim for com- pensation shall be made within 24 months after the date of the incapacity or, in the case of death resulting from pneumoconiosis, within 24 months after the date of death.
(2) Notwithstanding subsection (1) the Commissioner may receive and determine any claim for compensation in any case after the expiry of the period specified in that subsection if he is satisfied that there was reasonable excuse for the failure to make a claim within auch period,
19. Whenc a person in the service of, or formerly in the service of, the Government is paid pension for incapacity, or in the case of his death resulting from pneumoconiosis, where pension is paid to his dependants, under any Ordinance providing for the grant of auch pension, the Board shall pay to the Government from the Fund a sum of money equal to the amount of money that would have been payable as compensation had that person not been disqualified to claim compensation by reason of section 43xc).
20. (D) Subject to this section, an appeal shall lie to the Court from any decision of the Commissioner or the Board,
(2) Except with the leave of the Court (which shall not be granted unless in the opinion of the Court some substantial question of law is involved in the appeal) no appeal shall lie if the amount in dispute is less than $1,000.
(3) No appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner or the Board, or in which the order of the Court gives effect to an agreement come to by the parties.
(4) No appeal shall lie after the expiration of 30 days from the date of the decision of the Commissioner or the Board:
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Provided that the Court may, if it thinks fit, extend the time within which to appeal under this section notwithstanding that that time has elapsed.
Doard or Coun
mapol
21. (1) The Commissioner, Board or Court may, if he or it thinks Power of the fit, aubmit any question of law for the decision of the Court of Appeal. Commisioner.
(2) Such submission shall be made in such form and in such manner question of as if it were a submission under section 22 of the Workmen's Comprasa- ww. tion Ordinance, and any rules of court made under that Ordinance relating (Cap. 2823 to submissions under that section shall apply, with such changes as may be necessary, to a submission under this section.
PART IV
Medical ExaMINATIONS
22. The Director of Medical and Health Services sball appoint a Appointment ef board to be known as the Pneumoconiosis Medical Board which shall d consist of
(4) 2 medical practitioners; and
(b) the Senior Industrial Health Officer or an Industrial Health
Officer.
Medical Board,
23. (1) The Pneumoconiosis Medical Board may by notice in writing Medical require any person who is suspected to be suffering from pneumoconiosis, examination. or who claims compensation, to subarit himself to a medical examination on such date and at such time and place as is specified in the notice.
(2) Where a person who receives a notice under subsection (1) is employed, he shall as soon as possible notify his employer (if any) of the date, time and place for the medical examination.
(3) For the purpose of attending to undergo a medical examination an employer shall grant to the person referred to in this section the necessary leave of absence from work and the employer shall pay the person the wages or salary in respect of such absence from work or the wages or salary he would have earned if he had worked during such period,
(4) Any employer who without reasonable excuse contravenes sub- section (3) commits an offence and is liable to a fine of $2,000,
or thine of
24. (1) Where a person submits himself to a medical examination in Determinarlon accordance with section 2301), the Pneumoconiosis Medical Board shall- of locapacity (a) determine whether the person is suffering from pneumoconiosis; dath. (6) determine whether any permanent or temporary total or partial
incapacity has resulted from pneumoconiosis; and
(c) where the determination is that such incapacity has resulted—
(i) determine the date upon which the incapacity commenced; and
(ii) assess the degree of the incapacity.
(2) In the case of death, the Pneumoconiosis Medical Board shall,
at the request of the Commissioner, determine whether the death resulted from pneumoconiosis.