1971-HKRS28-8-38_Part05 — Page 32

Disputes to

be deter- mined by the Court,

Application to the Court,

Claim under

section 36B

to be made within five years.

Medical Assessment Board.

36F. (1) Where any dispute arises as to the liability to pay or the necessity or cost of any prosthesis or surgical appliance supplied and fitted to the workman under this Part, the dispute shall be determined by the Court.

(2) At the determination of the dispute, the Court may make such order as it may deem fit in respect of the deposit under section 36E(2)(a), but shall order the return of the deposit to the employer if it finds the employer not liable or that the prosthesis or surgical appliance is not necessary for the workman.

36G. Where the employer on whom a request for payment under section 36D is served fails to pay within the period specified in section 36E(1), or disputes the claim, an application to the Court in the prescribed form and manner may be made by the workman for enforcing his claim to the amount of the cost or for the determination of the dispute.

36H. All claims for the cost of supplying and fitting any prosthesis or surgical appliance to a workman under this Part shall be made within five years from the occurrence of the accident giving rise to the injury.

36). (1) For the purpose of determining whether a prosthesis or surgical appliance required by an injur- ed workman is necessary for him having regard to the nature and extent of his injury or whether the cost of the same is reasonable, the Director of Medical and Health Services shall appoint a board to be known as a Medical Assessment Board which shall consist of the following-

(a) two medical practitioners or registered

dentists; and

(b) the Senior Industrial Health Officer or any

Industrial Health Officer.

(2) If a Medical Assessment Board appointed under subsection (1) is satisfied that a prosthesis or surgical appliance, which has been supplied and fitted to an injured workman is necessary for him having regard to the nature and extent of bis injury and that the cost of the same is reasonable, it shall issue a

Application of provisions of sections 5. 21, 24, 25. 28, 31 and 47.

5

certificate to the workman, stating that the prosthesis or surgical appliance is necessary or that the cost is reasonable.

365. For the purposes of this Part, sections 5(2). (3), (4) and (5), 21(1), 24, 25, 28, 31 and 47 sball apply as if an employer's liability to pay for the cost of supplying and fitting a prosthesis or surgical appliance were a liability to pay compensation in accordance with the provisions of this Ordinance.".

Passed by the Hong Kong Legislative Council this 1st day of December. 1971.

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

Clerk to the Legislative Council.