Conpequena | mendments. (Cap. 282.)
(Cxp. 89)
(CNG). 19, rub. 141.7
Repeal
044 of 1978. J
18
(c) records to be kept by cmployers, contractors and authorized
persons or by quarry operators;
(2)) prescribing procedure and feel;
(c) any matter which is to be or may be prescribed;
( generally for the better carrying out of the provisions and
purposes of this Ordinance.
44 (1) The Workmen's Compensation Ordinance is amended, in section 36
(e) by deleting "Nothing" and substituling the following-
"(1) Subject to subsection (2), nothing"; and
(6) by inserting, after subsection (1), the following—
(51 of 1920.)
"(2) Subsection (1) shall not apply to any incapacity resulting from pneumoconiosis in respect of which compensa- tion is recoverable under the Pneumoconiosis (Compensation) Ordinance 1980.”.
(2) Section 18(6) of the Pensious Ordinance is amended...
(a) by inserting after "Ordinance" in the first place where it occurs
the following
"or section 2 of the Pneumoconiosis (Compensation) Ordin- ance 1980''; and
(6) by deleting "that Ordinance” and substituling the following "those Ordinances".
(9) Regulation 31(6) of the Pensions Regulations is amended by inserting after "Ordinades" the following-
"or the Paeumoconiosis (Compensation) Ordinance 1980".
49. The Workmen's Compensation (Amendment) (No. 2) Ordinance 1978 ja repealed.
FIRST SCHEDULE
AMOUNTS OF COMPENSATION
PART T
Compensation for Death
[B. 5, 6, 10, 11 & 401
1. In the case of a person under 40 years of age at the date of death,
■ Jump sum equal to 84 months' earnings or $168,000, whichever is the less,
In the case of a person of or over 40 years of age bat under 56 years of age at the date of death, a lump sum equal to 60 months' earnings or $168,000, whichever is the less.
3. In the case of a person of or over 56 years of age at the date of death, a lump sum equal to 36 months' earnings or $168,000, whichever is the less.
4. Compensation payable under section 5 and this Part aball in no case be less than 356,000.
5. For the purposes of section 5(5), the amount of burial expenses shall not expced a total of $3,000.
PART II
19
Compensation for Permanent Toral Incapacity
In the case of a person under 40 years of age at the date of incapacity, a lump sum equal to 96 months' earnings or $192,000, which- ever is the less.
2. In the case of a person of or over 40 years of age but under 56 years of age at the date of incapacity, a lump sum equal to 72 months' carnings or $192,000, whichever is the Tess.
3. In the case of a person of or over 56 years of age at the date of incapacity, a lump sum equal to 48 months' eamings or $192,000. whichever is the loss.
Compensation payable under section 6(1) and this Part shall in oo case be less than $64,000.
PART III
Compensation for Temporary Incapacity
1. Compensation for temporary incapacity shall be either by way of periodical payments or by way of a lump sum, calculated having regard to the probable duration and probable change in the degree of the incapacity.
Such periodical payments shall be, or shall be at the cale propor- tionale to, a monthly payment of two-thirds of the difference between the monthly earnings which the person entitled to the compensation was earning or tomediately preceding the date of the temporary incapacity and the monthly earnings which he is caring, or is capable of earning, in some suitable employment or business during the period of temporary incapacity.
3.
For the purposes of this Part a period of absence from duty due to pacumoconiosis certified to be necessary by a medical practitioner, or a certificate by a medical practitioner that a person is incapable of taking up any employment for a specified period due to pneumoconiosis, shall be deemed to be a period of total temporary jocapacity.
Periodical payments under this Part shall be payable at two- weekly intervals or at such shorter intervals as the Commissioner may direct.
5. In the event of death or permanent incapacity following a period of temporary incapacity, whether total or partial, no periodical or lump sum payments paid or payable under this Part shall be deducted from soy amount of compensation payable under section 5, 6 or 11.
6. In fixing the amount of the periodical payment, any payment, allowance or benefit which the person may receive from his employer during the incapacity shall be taken into consideration.
7. On the ceasing of the temporary incapacity before the date on which any periodical payment falls due, there shall be payable in respect of that period a sum proportionate to the duration of the incapacity in that period.
8.
Without prejudice to paragraph 10, periodical payments under this Part shall cease-
(a) when the person resumes employment and bis earnings are not less than the earnings which he was obtaining before the date of the temporary incapacity;