XN000022-1982-10-13 — Page 4

WEDNESDAY, OCTOBER 13, 1982

ONE OF THEM, HE SAID, PROVIDED A MORE REALISTIC AND EQUITABLE BASIS OF ASSESSMENT OF LOSS OF EARNING CAPACITY BY TAKING INTO CONSIDERATION THE SPECIAL CIRCUMSTANCES OF THE EMPLOYEE, INCLUDING THE NATURE OF THE INJURY IN RELATION TO THE NATURE OF HIS FORMER EMPLOYMENT AND QUALIFICATIONS, PREVIOUS TRAINING AND EXPERIENCE.

TO ACHIEVE THIS OBJECTIVE, THE BILL PROVIDED FOR THE ESTABLISHMENT OF A NEW, TWO-TIER ASSESSMENT MACHINERY COMPRISING AN ORDINARY ASSESSMENT BOARD AND A SPECIAL ASSESSMENT BOARD.

ALL CLAIMS LIKELY TO INVOLVE PERMANENT INCAPACITY WOULD BE REFERRED IN THE FIRST INSTANCE TO THE ORDINARY ASSESSMENT BOARD, WHICH WOULD ASSESS THE PERCENTAGE OF LOSS OF EARNING CAPACITY.

WHERE SPECIAL CIRCUMSTANCES WERE INVOLVED, THE CLAIM WOULD BE REFERRED TO THE SPECIAL ASSESSMENT BOARD, WHICH WOULD ASSESS THE TRUE LOSS OF EARNING CAPACITY, TAKING INTO ACCOUNT BOTH THE MEDICAL FACTS AND OPINIONS, AND THE SPECIAL CIRCUMSTANCES WHICH HAVE A BEARING ON THE CLAIM.

THE BILL. MR HENDERSON CONTINUED, INTRODUCED A NUMBER OF MEASURES TO IMPROVE THE PROCEDURE OF PROCESSING CLAIMS OF COMPENSATION.

ONE SUCH MEASURE WAS TO EMPOWER THE COMMISSIONER FOR LABOUR TO DETERMINE, BY ISSUING CERTIFICATES OF COMPENSATION, CLAIMS IN RESPECT OF MINOR INJURIES INVOLVING ONLY TEMPORARY INCAPACITY NOT EXCEEDING 14 DAYS.

+ABOUT 81.5 PER CENT OF THE CASES DEALT WITH BY THE LABOUR DEPARTMENT IN 1981 DID NOT RESULT IN ANY PERMANENT INCAPACITY AND 71.3 PER CENT OF SUCH CASES INVOLVED TEMPORARY INCAPACITY OF LESS THAN 14 DAYS. IT IS OBVIOUS THAT CONSIDERABLE TIME CAN BE SAVED BY ADOPTING THE NEW PROCEDURE,+ HE NOTED.

ANOTHER MEASURE INTRODUCED BY THE BILL TO EXPEDITE THE PROCESSING OF EMPLOYEES' COMPENSATION CASES WAS TO REQUIRE EMPLOYERS TO TAKE ALL NECESSARY AND REASONABLE STEPS TO ENTER INTO AN AGREEMENT WITH THE INJURED EMPLOYEE WITHIN 21 DAYS AFTER A +RELEVANT DATE+.

THE +RELEVANT DATE+ IS DEFINED UNDER THE BILL, DEPENDING ON THE NATURE OF THE CIRCUMSTANCES.

OTHER MEASURES WERE DESIGNED AS DETERRENTS FOR DELAYS IN PAYMENT OF COMPENSATION.

THESE INCLUDE STEPPING UP OF SURCHARGES FOR DELAY OF PAYMENT BEYOND THREE MONTHS AFTER THE EXPIRY OF THE PAYMENT PER JOD- EMPOWER ING THE COURT TO CHARGE INTEREST ON THE WHOLE OR ANY PART OF THE COMPENSATION RECOVERED BY THE INJURED EMPLOYEE- AND MAKING THE FAILURE OF THE EMPLOYER TO PAY PER JODICAL PAYMENTS WITHIN SEVEN DAYS AFTER THE DUE DATE A PROSECUTABLE OFFENCE.

/THE BILL