TNAG-0976-FCO40-1195-Legislation-for-public-health-and-urban-services-in-Hong-Kon-1980 — Page 50

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

A228

Ord. No. 44/80

Director to

take steps

to ensure supply, etc.

WORKMEN'S COMPENSATION (AMENDMENT)

(b) in any case to which subsection (2)(b) applies, that the prosthesis or surgical appliance is necessary and that the cost of supplying and fitting the same is reasonable,

it shall issue a certificate to the Director, stating in respect of such prosthesis or surgical appliance-

(i) that it is necessary;

(ii) the cost of the supplying and fitting;

(iii) that such cost has been determined by the Board under subsection (2)(a) or has been determined by the Board to be reasonable under subsection (2)(b), as the case may be; and

(iv) where applicable, the Board's assessment of the total amount of the probable cost under subsection (2)(c).

(5) A certificate purporting to be issued under sub- section (4) and to be signed by or for the Board shall be admitted in evidence without further proof on its production in the 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 matters stated therein.

36N. The Director shall take such steps as to him seem necessary to ensure―

Item

WORKMEN'S COMPENSATION (AMENDMENT)

Ord. No. 44/80

A229

14. The principal Ordinance is amended by deleting the First Schedule Replacement and substituting the following—

of First Schedule.

"FIRST SCHEDULE

Injury

[s. 9.]

Percentage of loss of earning capacity

1.

Loss of two limbs

...

2.

Loss of both hands or of all fingers and both thumbs

3.

Loss of both feet...

4.

Total loss of sight

5.

Total paralysis

100

...

6.

7.

Injuries resulting in being permanently bedridden Paraplegia

***

...

8.

Any other injury causing permanent total disablement

9.

Loss of arm at shoulder

75

10.

Ankylosis of shoulder joint—

in optimum position

35

in worst position

11.

Loss of arm between elbow and shoulder

duu

55

70

(a) the supply and fitting of a prosthesis or surgical appliance to an injured employee under section 36B; and

12.

Loss of arm at elbow ...

65

13.

Ankylosis of the elbow joint—

Addition of new section

48A.

Application of provisions

of sections

(b) the normal repair and renewal of such prosthesis

or surgical appliance under section 361.

360. For the purposes of this Part, sections 5(2), (3), (4) and (5), 21(1), 24, 25, 28, 31 and 47 shall apply as if an employer's liability to pay for the cost of supplying and 28, 31 and 47. fitting a prosthesis or surgical appliance and for the cost of

5, 21, 24, 25.

repair and renewal of such prosthesis or surgical appliance were a liability to pay compensation in accordance with the provisions of this Ordinance, and—

(a) notwithstanding anything in sections 24 and 28, in the application of those sections in respect of any claim for such cost under this Part the rights possessed by or vested in an employee under those sections shall be vested in the Director; and

(b) notwithstanding anything in section 31, the right of any person to compensation referred to in section 31(2) shall be deemed to include the right of the Director to claim for such cost under this Part.”.

13. The principal Ordinance is amended by adding, after section 48, the following

"Legislative

Council

may amend amounts of compensation,

etc.

48A. The Legislative Council may by resolution amend the amounts of compensation, cost and expenses specified in sections 6, 7, 8, 36C and 36J.”.

in optimum position

in worst position

14.

Loss of arm between wrist and elbow

15.

Loss of hand at wrist

:

888

30

50

60

60

16.

Ankylosis of wrist joint-

in optimum position

in worst position

فراط

17.

18.

Loss of four fingers and thumb of one hand Loss of four fingers of one hand

2018

30

40

50

40

19.

Loss of thumb--

both phalanges

+

20

20.

21.

one phalanx

guillotine loss of tip without loss of bone

Ankylosis of

interphalangeal joint of the thumb

metacarpophalangeal joint of the thumb

all these 2 joints of the thumb

Loss of index finger-

three phalanges

two phalanges

one phalanx

...

guillotine amputation of tip without loss of bone

20

:

22°

30

8

12

4974

14

10

482

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