Claims for COSTI DE BOLTÁN.
Aantsament and
payment of compensation.
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section (4), the Board may take over and conduct in the name of that person the defence or settlement of the claim and settle the claim on his behalf.
(6) Where any damages, interest or costs have been paid by or recovered from the Fund under subsection (2), (3) or (5), the Board shall be Bubrogated to all such rights and remedies that the person who has paid, or who was liable to pay, damages, may have against any other person in respect of the liability for such damages; and the Board shall be entitled to enforce such rights and remedies in the name of the Board.
(7) In assessing damages to be paid for death or disability resulting from pacumoconiosis, the court shall take into account any compensation that has been paid or is payable.
PART III
CLAIMS FOR Assessment AND PAYMENT OF COMPENSATION
14 (1) Where a person-
(a) suffers any incapacity and wishes to claim compensation be shall;
(6) dies as a result of pneumoconiosis and any dependant wishes to
claim compensation, the dependant shall,
as soon as practicable notify the Commissioner in such form as the Com- missioner may specify of such incapacity or death, as the case may be.
(2) On receipt of a notice under subsection (1) or where the Com- missioner is otherwise notified of such death, he may-
(a) in the case of the death of a person-
() make such inquiry as he thinks fit to ascertain whether the deceased person died as a result of pneumoconiosis and, if so, whether there are any dependants of the deceased person und, if so, the degree of their dependency;
(i) inform such dependants, if any, of the cause and circum- stances of the death of the person and advise them of their right to compensation; and
(iii) if such dependants, pr any of them, so wish, pursue a claim for compensation on their behalf; or
(b) in the case of the incapacity of the person, if the person so requests, pursue a claim for compensation on behalf of the person. (3) For the purposes of this section the Commissioner may arrange for any person claiming compensation to be examined by the Pneumo- coniosia Medical Board and in the case of the death of a person, he may request that Board determine whether the death resulted from prelimo- coliosis.
(4) In any claim for compensation under section 5, a written report made of findings on an inquiry under subsection (2)(a)(i) purporting to be signed by or for the Commissioner shall, for the purposes of section 17(1), be admitted in evidence without further proof on its production and unt] the contrary is proved-
(a) it shall be presumed that the report is so made and signed; (b) shall be evidence of the matters stated therein.
15. (1) Compensation shall be assessed by the Commissioner.
(2) When the Commissioner assesses compensation under subsection (1), he shall issue a certificate in such form as he may specify stating the amount of the compensation and the particulars of the assessment to— (a) the person or dependants claiming under section 14; and
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(b) the Board.
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(3) An objection to the amount of the compensation assessed under subsection (1) may be made by the person or dependants or the Board, lo the Commissioner in writing within 14 days after the receipt of the certi- ficate issued under subsection (2) stating the grounds of the objection, and a copy of the objection shall be sent by the objector-
(a) where the objector is the person or his dependants, to the Board;
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(b) where the objector is the Board, to the person or his dependants. (4) On receipt of an objection under subsection (3), the Commissioner shall review the assessment under subsection (1) and shall issue to the parties referred to in subsection (2) a certificate in such form as he may specify stating.........
(a) that the original assessment is confirmed; or
(b) the revised amount of the compensation and the particulars of
the assessment.
(5) The Board shall pay from the Fund compensation within 21 days after
(a) the receipt of the certificate issued under subsection (2); or
(b) where an objection is made under subsection (3), the receipt of
The certificate issued under subsection (4).
(6) A certificate purporting to be issued under subsection (2) or (4) 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 aball be presumed that the
certificate is so issued and signed;
(b) shall be evidence of the matters stalcd therein.
16. (1) The compensation shall be payable to or for the benefit of
a person, or, where death results from pneumoconiosis, to or for the benefit of his dependants as provided by this Ordinance,
(2) Where there are both total and partial dependants nothing in this Ordinance shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants.
(3) Where a dependant dies before a claim in respect of death is made under this Ordinance, or, if a claim has been made, before an order for the payment of compensation has been made, the legal personal representative of the dependant shall have no right to payment of coma- pensation, and the claim for compensation shall be dealt with as if that dependant had died before that person.
Perso soiled to
Payment of dagtid ghérumlind.
17. (1) Compensation payable where the death of a person has Distribution resulted from pneumoconiosis shall be apportioned by the Commissioner of and among the dependants of the deceased person or any of them in such are of proportion as the Commissioner thinks fit, or in the discretion of the Commissioner, allotted to any one such dependant, and the sum so allotted
to any dependant shall be paid to him or be invested, applied or otherwise dealt with for his benefit in such manner as the Commissioner thinks fit.
(2) Where, on application being made to the Commissioner it appears to him that, on account of the variation of the circumstances of the various dependants, or for any other sufficient cause, a distribution made under subsection (1) ought to be varied, the Commissioner may vary such dis- tribution in such manner as he may think just:
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