1964_EMPLOYEES__COMPENSATION_ORDINANCE — Page 14

1988 Ed.]

Employees' Compensation

[CAP. 282

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(ii) if on the expiry of the period of 2 years prescribed in sub- paragraph (i) the Court considers that the employee is still in need of constant attention, such lump sum payment, as the Court may order, calculated with regard to the probable duration and cost of the constant attention.

(3) No compensation under this section shall be payable in respect of any period during which the employee is receiving free medical treatment as an in-patient in a hospital or otherwise.

(4) The amount of compensation payable under this section shall not exceed $138.068 (Replaced, 44 of 1980, s. 5. Amended, L.N. 79/83; L 38 (9,8}{ L.N. 321/85 and L.N. 390/87)

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(Added, 55 of 1969, s. 8. Amended, 44 of 1980, s. 15)

Compensation in case of permanent partial incapacity

9. (1) Subject to subsection (1A), where permanent partial incapacity results from the injury the amount of compensation shall be-- (Amended, 76 of 1982, s. 6)

(a) in the case of an injury specified in the First Schedule, such percentage of the compensation which would have been payable in the case of permanent total incapacity as is specified therein as being the percentage of the loss of earning capacity caused by that injury;

(aa) in the case of a combination of injuries specified in the First Schedule, the aggregate of the compensation which would have been payable in respect of the injuries; and (Added, 4 of 1973, s. 2)

(b) in the case of an injury not specified in the First Schedule, such percentage of the compensation which would have been payable in the case of permanent total incapacity as is proportionate to the loss of earning capacity permanently caused by the injury in any employ- ment which the employee was capable of undertaking at that time: (Amended, 19 of 1964, s. 7; 55 of 1969, s. 9 and 44 of 1980, s. 15)

Provided that--

(i) in the case of injury to any part of the body specified in the First Schedule not amounting to the loss of that part, the loss of earning capacity permanently caused by that injury, expressed as a percentage, shall not exceed the appropriate percentage specified in the First Schedule in respect of the loss of such part; (Added, 4 of 1978, s. 3)

(ii) in the case of injury not specified in the First Schedule, the loss of earning capacity permanently caused by such injury shall be assessed as a percentage having regard so far as possible to the scale of percentages specified in that Schedule and to the Note thereto. (Replaced, 49 of 1985, s. 4)

(IA) Where-

(a) permanent partial incapacity results from an injury or a combination

of injuries (whether or not specified in the First Schedule); and