1977-HKRS28-16-25_Part04 — Page 29

Addison of new section! TOA and 108.

Third Schedule.

(Cxp. 156)

3.

2

"medical treatment", in relation to a workman to whom a per- sonal injury is caused by accident arising out of and in the course of bis employment, means medical treatment of any kind whatsoever given to the workman by, or under the supervision of, a medical practitioner or registered dentist in a hospital, whether as an in-patient or other than as an in-patient, or elsewhere;

"registered dentist" means a deglist who is admitted to the register of dentists under section 9 of the Dentists Registra- tion Ordinance;".

The principal Ordinance is amended by adding, after section 10 the following-

"PY

of medical

QUE PHORIAI ŠOK

IDA. (1) Subject to the provisions of this section, if. in any employment, personal injury is caused to a workman by accident occurring on or after the date on which this section comes into operation and arising out of and in the course of his employment his employer shall be liable to pay the medical expenses for the medical treatment in respect of such injury,

(2) Medical expenses which an employer is liable to pay under subsection (F

(c) shall be payable in addition to any compensation which the employer is liable to pay under this Ordinance;

(b) shall not be payable-

() unless the workman has given to his employer a notice of the accident causing the injury in accordance with section 14:

(i) for the medical treatment of an injury in respect of which compensation is not payable by reason of the proviso to section 5(1) or of section 5(2), (3) or (4)

(3) The medical expenses which the employer is liable to pay under subsection (1) shall be payable in accordance with the Third Schedule in respect of the period during which the workman receives medical treatment until

(a) the attending medical practitioner or registered dential certifies that in bis opinion the wurkman is cured of his injury; or

(b) the workman becomes entitled to receive compensa- tion for permanent incapacity, whether tolal or partial, under this Ordinance; or

(c) the expiration of 24 months from the date of the

accident giving rise to the injury,

whichever is the earliest.

(4) An employer shall not be liable to pay medical expenses under subsection (1)—

(a) if the employer has provided adequate free medical

treatment to the workman; or

(6) if, by a written undertaking, the employer has agreed

to provide adequate free medical treatment and the workman fails, without reasonable excuse, to submit himself for such medical treatment.

Determinuot by Comble sloner of medical

ExpenÇA

punya buke.

3

(5) Where an employer proposes to provide free medica| treatment to a workman for personal injury caused to the Workman by accident arising out of and in the course of bis employment he shall give to the workman a writte undertaking to provide free medical treatment or to pay the medical expenses for the medical treatment and shail not recover any part of the cost of the medical expenses from the workman.

(6) Where a workman has paid for any medical treat ment received by him he shall be entitled to recover the medical expenses which his employer is liable to pay under subsection (1) from his employer by serving on the employer a request in writing for the payment of the medical expenses together with a receipt for the payment for the medical

Treatment,

(7) If an employer does not pay a workman the medical expenses he is liable to pay under subsection (1) within 21 days after the date of receipt of a request for payment under subsection (6) or, where an application is made to the Commissioner under section 10B for the determination of a dispute, within 21 days after the dale of determination of the dispute, the medical expenses may be recovered by the workman from the employer-

(a) as a civil debt in the Small Claims Tribunal

established under the Small Claims Tribunal Ordin- (Cap. 338.) ance; or

(b) where the amount claimed exceeds the jurisdiction of the Small Claims Tribunal, as a civil debt in the District Court,

(8) A claim for medical expenses in the District Court may be brought either independently of or in conjunction with any other claim for compensation which is, under this Ordinance, to be brought in the District Court

(9) The Legislative Council may by resolution amend the daily rates specified in the Third Schedule.

t08. (1) In the event of any dispute as to the liability to pay medical expenses under section 10A or as to the amount of such medical expenses, the workman or the employer may apply to the Commissiouer for the determina- tion of the dispute.

(2) Where an application is made under subsection (1), the Commissioner shall determine whether or not medical expenses are payable by the employer and if he determines that medical expenses are payable he shall issue a certificate to the workman and the employer stating the amount of such medical expenses.

(3) A certificate purporting to be issued under sub- section (2) and to be signed by or for the Commissioner shall be admitted in evidence without further proof on its production in any court and-

(a) until the contrary is proved, it shall be presumed

that the certificate is so issued and signed;

(b) shall be evidence of the amount of the medical

expenses payable by the employer.".

Third Schedule.