1953-HKRS29-8-20_Part03 — Page 20

Compenda-

tion in the

case of

permanent

partial

incapacity.

Second Schedule.

Compensa-

case of

8

8. (1) Where permanent partial incapacity results from the injury the amount of compensation shall be-

(a) in the case of an injury specified in the Second Schedule, such percentage of the compensation which would have been payable in the case of permanent total incapacity as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and

(6) in the case of an injury not specified in the Second Schedule, such percentage of the compensation which would have been payable in the case of permanent total incapacity as is proportionate to the loss of earning capacity permanently caused by the injury.

(2) Where more injuries than one are caused by the same accident, the amount of compensation payable under the provi- sions of this section shall be aggregated, but not so in any case as to exceed the amount which would have been payable if permanent total incapacity had resulted from the injuries.

9. (0) Where temporary incapacity whether total or partial tion in the results from the injury, the compensation shall be the periodical temporary payments hereinafter mentioned payable tu such intervals as may incapacity. be agreed upon or as the Court may order, or a lump sum

calculated accordingly, having regard to the probable duration, and probable changes in the degree, of the incapacity. Such periodical payments shall be, or shall be at the rate proportionate 10, a monthly payment of half the difference between the monthly earnings which the workman was earning at the time of the accident and the monthly earnings which he is earning, or is capable of carning, in some suitable employment or business after the accident :

Provided that-

(2) no periodical payment under the provisions of this section shall be at a higher rate than two hundred and fifty dollars a month;

(b) if the incapacity lasts less than fourleen days, no com- pensation shall be payable in respect of the first three days;

(c) neither the aggregate of the periodical payments nor the lump sum payable under this subsection shall exceed the lump sum which would be payable in respect of the same degree of incapacity under the provisions of section 7 or section 8. as the case may be, if the incapacity were permanent.

(2) In fixing the amount of the periodical payment, the Court shall have regard to any payment, allowance or benefit which the workman may receive from the employer during the incapacity,

(3) On the ceasing of the 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.

(4) Where a workman in receipt of periodical payments under the provisions of this section intends to leave the Colony. for the purpose of residing elsewhere, he shall give notice of such intention to the Court which shall have jurisdiction to order the redemption of such periodical payments and to determine the amount to be paid:

Provided that any lump sum so ordered to be paid together with the periodical payments already made to the workman shall not exceed the lump sum which would be payable in respect of the same degree of incapacity under the provisions of section 7 or section 8, as the case may be, if the incapacity were permanent,

(5) If a workman in receipt of periodical payments under the provisions of this section leaves the Colony, for the purpose of residing elsewhere, without giving notice as provided in sub- section (4), he shall not be entitled to any benefits under this Ordinance during or in respect of the period of his absence. If the period of such absence shall exceed three months, the work- man shall cease to be entitled to any benefits under this Ordinance.

10. (1) For the purpose of this Ordinance, the monthly Method of earnings of a workman shall be computed in such manner as is calculating

earnings. best calculated to give the rates per month at which the workman was being remunerated during the previous twelve months if he has been so long employed by the same employer, but, if not, then for any less period during which he has been in the employ- ment of the same employer:

Provided that where by reason of the shortness of the time during which the workman has been in the employment of his employer or of the casual nature of the employment, or of the terms of the employment, it is impracticable at the date of the accident to compute the rate of remuneration, regard may be had to the average monthly amount which, during the twelve months previous to the accident, was being earned by a person of similar earning capacity in the same grade employed at the same work