XN000022-1995-12-06 — Page 14

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Secondly, we propose to provide a certain degree of flexibility to the Pneumoconiosis Medical Board in its assessment of incapacity. Under the existing Ordinance, a pneumoconiotic's degree of incapacity is determined solely upon his loss of lung function measured by reference to the Forced Vital Capacity (FVC) figure obtained through a spirometric test. While we consider it appropriate to continue using the FVC test to assess the pneumoconiotics' degree of lung function loss, we also consider it necessary to provide a certain degree of flexibility to the Medical Board in its assessment so as to take account of the varying physical conditions of patients. We therefore propose to empower the Medical Board to consider, where necessary, the findings of not only the FVC test but also other lung function tests or clinical findings relevant to a pneumoconiotic's loss of lung function, and to adjust the degree of incapacity as assessed by reference to the FVC test by no more than 5%. We further propose that where a pneumoconiotic cannot perform the FVC test at all due to certain co-existing medical conditions such as stroke or tracheostomy, the Medical Board should be empowered to assess the degree of that pneumoconiotic's loss of lung function on the basis of the findings of such other clinical examinations as it considers appropriate.

Thirdly, as rehabilitation is as important to the well-being of pneumoconiotics as the prevention of pneumoconiotics through educational, publicity and research programmes already financed by the Pneumoconiosis Compensation Board, we propose to expand the functions of the Pneumoconiosis Compensation Fund Board to cover the conduct and financing of rehabilitation programmes.

Fully, we propose to improve the operation of the Scheme in the right of the Fund Board's experience in the following areas:

First, a the payment of medical expenses. We propose that in the event pneumoconiotic dies before receiving any payments for medical expenses claimed by him, the expenses for medical treatment or medical appliances which were incurred or paid for on his behalf by another person should be paid to that other person. This other person may be his family member, relative, friend or any supplier of medical equipment. This will be an improvement over the existing provision under the Ordinance whereby all such payment goes to the family members of the deceased pneumoconiotic regardless of whether they are the ones who have actually incurred such expenses.