Repeal and replacement of section 7.
Addition of
new sectipa 7A.
(5) in paragraph (c), by deleting "four" and substituting the
following
7.
"eight".
Section 7 of the principal Ordinance is repealed and replaced by the following-
"Compensa- tion in case of per
manent total incapacity.
8.
7.
Where permanent total incapacity results from the injury, the amount of compensation shail-
(a) where the accident happens before the 1st day of May 1965, be a sum equal to forty- eight months' earnings or fourteen thousand dollars, whichever is less;
(b) where the accident happens on or after the 1st day of May 1965 and before the Ist day of January 1970, be a sum equal to forty- eight months' earnings or twenty-four thou- sand dollars, whichever is less; or
(c) where the accident happens on or after the 1st day of January 1970, be a sum equal to forty-eight months' earnings or sixty thou- sand dollars, whichever is less:
Provided that in no case shall the sum payable under this paragraph be less than nine thousand six bundred dollars.”.
The principal Ordinance is amended by adding, after section 7, the following new section-
"Workman requiring
altention,
74. (1) Where permanent total incapacity which results from the injury is of such a nature that the workman is unable to perform the essential actions of life, without the constant attention of another per- son, in addition to any compensation under other provisions of this Ordinance, such compensation as the Court considers necessary to meet the cost of such constant attention shall be payable under this section.
(2) Compensation under this section shall be- (4) a lump sum payment calculated with regard to the probable duration and cost of the constant attention; or
(6)
7
(1) periodical payments, payable at such intervals as the Court may order, to cover periods not exceeding a total of two years after the date on which the workman be- comes entitled to receive compensation under section 7; and
(ii) if on the expiry of the period of two years prescribed in sub-paragraph (1) the Court considers that the workman is still in need of constant attention, such lump sum payment, as the Court may order, calculated with regard to the probable duration and cost of the constant attention.
(3) No compensation under this section shall be payable in respect of any period during which the workman is receiving free medical treatment as an in-patient in a hospital or otherwise.
(4) Compensation payable under this section shall not exceed twenty-four thousand dollars.".
9. Section 8 of the principal Ordinance is amended by insert- ing, in paragraph (b) of subsection (1), after “injury” in the second place where it occurs, the following-
"in any employment which the workman was capable of undertaking at that time".
10. Section 9 of the principal Ordinance is amended-- (a) in subsection (1)~
() by dekling "payable at such intervals as may be agreed upon or as the Court may order":
(ii) by deleting "half the difference" and substituting the following-
"two-thirds of the difference"; and
(iii) by substituting a full stop for the colon where it occurs immediately before the proviso and by deleting the proviso:
(6) by inserting, after subsection (1), the following new sub-
sections-
"(1A) For the purposes of this section a period of absence from duty certified to be necessary by a medical practitioner shall be deemed to be a period of total temporary incapacity irrespective of the out- come of the injury.
Amendment of section B.
Amendmeal of section 9.
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Private notes are available after approval.