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First
Schedule.
Par 111
Compensation Tur comaant attention.
Flat Sabcdult, Part IV.
Payment of mestical
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9. (1) A person who has elected under section 7(1)(8) for payment of compensation in 2 instalments shall be paid compensaGon-
(a) on the first gocasion in respect of the degree of permanent partial
incapacity assessed under section 24(1), and
(8) on the second occasion in respect of the additional degree of permanent partial incapacity, if any, assessed under section 24(4), (2) Except where in any particular case the Commissioner authorizes the payment of compensation under subsection (1)(8) at an cartier date, Buch payment shall be made at any time after the expiry of 6 years from the date of incapacity.
(3) Application for payment of compensation under subsection (1X2) shall be made to the Commissioner at any time after the expiry of 6 years, and before the expiry of 8 years, from the date of incapacity, but the Commissioner may in any particular case permit such application to be made before the expiry of such 6 years or after the expiry of such 8 years.
(4) The amount of compensation payable under subsection (1)(5) shali be increased by such amount as the Commissioner thinks fill to ensure that The amount of compensation has retained its value in relation to the general level of prices prevailing in Hong Kong.
(5) Where compensation is paid to a person under subsection (1)a), that person shall not be entitled to any compensation in respect of tem- porary incapacity.
10. (1) Where temporary incapacity, whether total or partial, results from pneumoconiosis, the compensation payable shall be in accordance with Fart 111 of the First Schedule.
(2) No compensation for temporary incapacity shall be payable under this section unless a certificate is issued by a medical practitioner stating that a person is suffering from pucumoconiosis and the date on which the temporary incapacity commenced.
1L (1) Where permanent total incapacity which results from pneumo- coniosis is of such a nature that the person is unable to perform the essential actions of life without the constant attention of another person, in addition to any compensation under the other provisions of this Ordinance, such compensation as the Commissioner considers necessary to meet the cost of such constant attention shall be payable under this section.
(2) Compensation under this section shall be in accordance with Part IV of the First Schedule.
12 (1) Subject to this section, where a person contracts preumo- coniosis which results in the total or partial incapacity, whether of a per- manent or temporary nature, of the person, he shall, during such incapacity, be entitled to medical expenses under this Ordinance for the medical treatment in respect of pneumoconiosis,
(2) Medical expenses under subsection (1) shall—
(a) be payable in addition to any compensation payable under this
Ordittance:
(b) not be payable-
(i) in respect of the period of incapacity for which no com- pensation is payable under section 4(3); or
(ii) where his employer, if any, provides adequate free medical treatment to the person.
1
(3) Medical expenses under subsection (1) shall be payable in accord- ance with the Second Schedule in respect of the period during which second the person receives medical treatment unt
(a) the attending medical practitioner certifies that in his opinion
the person requires no further treatment for pneumoconiosis; (B) the person becomes entitled to receive compensation for permanent
incapacity, whether total or partial; or
(c) the expiry of 2 years from the date of the incapacity, whichever is the earliest.
(4) Where a person has paid for any medical treatment received by him he shall be entitled to recover the medical expenses under this Ordinance by serving on the Commissioner a request in writing for the payment of the medical expenses together with a receipt for the payment for the medical treatment.
(3) Ou receipt of a request for the payment of medical expenses in accordance with subsection (4), the Commissioner shall determine whether or not medical expenses are payable under this Ordinance and if be deter- mines that medical expenses are payable he shall issue a certificate to the person and the Board stating the amount of such medical expenses and thereupon the Board shall within 21 days after receipt of the certificate, pay from the Fund to the person the amount shown in the certificate.
(6) A certificate purporting to be issued under subsection (5) and to be signed by or for the Commissioner shall be admitted in evidence without 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
under this Ordinance.
Sabestule.
13. (1) Nothing in this Ordinance shall diminish or extinguish any Common taw right to damages enforceable at common law for incapacity or death date. resulting from pneumoconiosis.
(2) Subject to subsection (4), where any person has paid damages for death or disability resulting from pneumacconicais pursuant to a judg- ment of any court in Hong Kong, he shall be entitled to recover from the Fund the amount of such damages and interest thereon logether with the amount of any costs ordered by the court to be paid by that person.
(3) Subject to subsection (4), where any person is liable to pay damages or interest in the circumstances described in subsection (2), at any time before the damages or interest are paid, the person entitled to the damages or the person liable to pay them may apply to the Board for the amount of such damages, interest and costs to be paid from the Fund to the person entitled to the damages in satisfaction of the judgment.
(4) Notwithstanding subsections (2) and (3), where a claim is made against any person for damages for incapacity or death resulting from pneumoconiosis, the Fund shall not be liable to pay such damages or any
(a) unless the person claimed against has, within 30 days of the
receipt of the claim, given written notice thereof to the Board; (b) unless the person claimed against takes all reasonable steps to
assist the Board to investigate the claim;
(c) if the person claimed against bas, without the written consent of the Board, made any admission of liability or offered or promised to pay any damages or costs.
(5) Where any claim is made against any person for damages for incapacity or death resulting from prieumoconiosia, then, subject to sub.
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