XN000022-1982-08-06 — Page 4

THE PENALTY FOR FAILING TO DO SO IS A FINE OF $10 000.

THE BILL EMPOWERS THE COMMISSIONER FOR LABOUR TO REQUIRE AN EMPLOYER, BY WRITTEN NOTICE, TO PRODUCE HIS INSURANCE POLICY OR OTHER RELEVANT DOCUMENTS RELATING TO HIS EMPLOYEES,

THE MAXIMUM PENALTY FOR FAILING TO COMPLY WITH A NOTICE RELATING TO AN INSURANCE POLICY IS A MAXIMUM FINE OF $50 000 AND IMPRISONMENT FOR TWO YEARS.

THE BILL FURTHER EMPOWERS THE COMMISSIONER OR ANY OFFICER AUTHORISED BY HIM TO ENTER AND INSPECT ANY PREMISES, OTHER THAN DOMESTIC PREMISES, AND TO REQUIRE AN EMPLOYER TO PRODUCE ANY RELEVANT RECORDS OR OTHER DOCUMENTS FOR INSPECTION.

THE BILL DECLARES VOID ANY CONDITION IN AN INSURANCE POLICY SEEKING TO EXEMPT THE INSURER FROM HONOURING HIS OBLIGATIONS MERELY BECAUSE OF THE INSURED'S FAILURE TO COMPLY WITH CERTAIN REQUIREMENTS.

IT ALSO GIVES THE INJURED EMPLOYEE THE RIGHT TO PROCEED DIRECTLY AGAINST HIS EMPLOYER'S INSURER TO RECOVER ANY COMPENSATION OR DAMAGES.

A TWO-TIER EMPLOYEES' COMPENSATION ASSESSMENT BOARD

THE BILL PROVIDES FOR THE ESTABLISHMENT OF A TWO-TIER EMPLOYEES' COMPENSATION BOARD, CONSISTING OF AN ORDINARY ASSESSMENT BOARD AND A SPECIAL ASSESSMENT BOARD, TO IMPROVE THE EXISTING MACHINERY FOR ASSESSMENT OF COMPENSATION.

ALL CLAIMS LIKELY TO INVOLVE PERMANENT INCAPACITY WILL BE REFERRED BY THE COMMISSIONER FOR LABOUR IN THE FIRST INSTANCE TO THE ORDINARY ASSESSMENT BOARD, WHICH WILL, IN MOST CASES, PROCEED TO ASSESS THE PERCENTAGE OF LOSS OF EARNING CAPACITY IN ACCORDANCE WITH THE SCALES LAID DOWN IN THE FIRST SCHEDULE.

HOWEVER, WHERE THE BOARD CONSIDERS THAT SPECIAL ATTENTION HAS TO BE GIVEN TO SUCH FACTORS AS THE EMPLOYEE'S OCCUPATION, QUALIFICATIONS, PREVIOUS TRAINING AND EXPERIENCE, IT WILL REFER THE CLAIM TO THE SPECIAL ASSESSMENT BOARD, WHICH WILL ASSESS THE ACTUAL LOSS OF EARNING CAPACITY BY TAKING THESE FACTORS INTO CONSIDERATION,

THE TWO BOARDS ARE GIVEN STATUTORY RECOGNITION AND EMPOWERED TO ISSUE CERTIFICATES OF ASSESSMENT, SPECIFYING THE PERCENTAGE OF LOSS OF EARNING CAPACITY.

MEMBERS OF THE TWO BOARDS ARE TO BE APPOINTED BY THE COMMISSIONER FOR LABOUR.

THE ORDINARY ASSESSMENT BOARD WILL CONSIST OF TWO MEDICAL PRACTITIONERS/REGISTERED DENTISTS AND A LABOUR OFFICER, WHILE THE SPECIAL ASSESSMENT BOARD WILL COMPRISE A SPECIALIST OCCUPATIONAL HEALTH OFFICER AND TWO LABOUR OFFICERS, ASSISTED, IF NECESSARY, BY UP TO TWO ADDITIONAL TEMPORARY MEMBERS QUALIFIED TO GIVE EXPERT ADVICE ON ANY MATTER RELATING TO A CLAIM.