1953-HKRS29-8-20_Part03 — Page 23

Medical examina - tion and treatment.

14

15. (1) Where a workman has given notice of an accident he shall, if the employer, before the expiry of seven days from the time at which notice has been given, offers to have him examined free of charge by a medical practitioner named by the employer, submit himself for such examination, and any workman who is in receipt of a periodical payment under section 9 shall, if so required by the employer, submit himself for such examina- tion from time to time.

(2) The workman shall, when required, attend upon that medical practitioner at the time and place notified to the workman by the employer or that medical practitioner, provided such time and place is reasonable.

(3) In the event of the workinan being, in the opinion of any medical practitioner, unable or not in a fit state to attend on the practitioner named by the employer, that fact shall be notified to The employer, and the medical practitioner so named shall fix a reasonable time and place for a personal examination of the workman and shall send him notice accordingly.

(4) If the workman fails to submit himself for such examinu- tion, his right to compensation shall be suspended until such examination has taken place; and if such failure extends over a period of fifteen days from the date when the workman was required to submit himself for examination under subsection (2) or subsection (3), as the case may be, no compensation shall be payable, unless the Court is satisfied that there was reasonable cause for such failure.

(5) The workman shall be entitled to have his own medical practitioner present at such examination, but at his own expense.

(6) Where the workman is not attended by a medical practi- tioner be shall, if so required by the employer, submit himself for treatment by a medical practitioner without expense to the

workman.

(7) If the workman fails to submit himself for treatment by a medical practitioner when so required under the provisions of subsection (6), or having submitted himself for such treatment disregards the instructions of such medical practitioner, then if it is proved that such failure or disregard was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting incapacity shall be deemed to be of the same nature and duration as they might reasonably have heen expected to be if the workman had submitted himself for

15

treatment by, and duly carried out the instructions of, such medical practitioner, and compensation, if any, shall be payable accordingly.

(8) Where under this section a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension.

(9) Notwithstanding the previous provisions of this section, where a claim for compensation is made in respect of the death of a workinan, then if the workman failed to submit himself to examination by a medical practitioner when so required under the provisions of this section, or failed to submit himself for treat- ment by a medical practitioner when so required under the provisions of this section or having submitted himself for such Treatment disregarded the instructions of such medical practitioner. and if it is proved that such failure or disregard was unreasonable in the circumstances of the case and that the death of the workman was caused thereby, the death shall not be deemed to have resulted from the injury, and no compensation shall be payable in respect of the injury.

compen-

16. (1) An employer and workman may, after the injury AgreemENİ. in respect of which a claim to compensation has arisen, agree in no lo writing as to the compensation to be paid by the employer: salon. Provided that the compensation agreed upon shall not be less than the amount payable under the provisions of this Ordinance: Provided further that no such agreement shall be binding on any party thereto until the Commissioner of Labour has signified his approval thereof in writing.

(2) Where the Commissioner of Labour has reason to believe that the interests of the workmen require that such agreement be rend over and explaind to him, then the Commissioner of Labour shall not signify his approval of such agreement until he has so read and explained it to him.

(3) Any such agreement shall be executed in triplicate and one copy retained by the employer and workman respectively, and one copy lodged with the Commissioner of Labour within three days after the date of the execution of such agreement,

(4) Any such agreement which has been approved by the Commissioner of Labour may, un application to the Court by any party thereto or by the Commissioner of Labour, be made an order of the Court.