1988 Ed.]
Employees' Compensation
[CAP. 282
17
request for payment under subsection (6) or, where an application is made to the Commissioner under section 10B for the determination of a dispute, within 21 days after the date of determination of the dispute, the medical expenses may be recovered by the employee from the employer-
(a) as a civil debt in the Small Claims Tribunal established under the
Small Claims Tribunal Ordinance (Cap. 338); or
(b) where the amount claimed exceeds the jurisdiction of the Small Claims
Tribunal, as a civil debt in the District Court.
(8) A claim for medical expenses in the District Court may be brought either independently of or in conjunction with any other claim for compensation which is, under this Ordinance, to be brought in the District Court,
(9) [Deleted, 76 of 1982, s. 8]
(Added, 74 of 1977, s. 3. Amended, 44 of 1980, s. 15)
Determination by Commissioner of medical expenses
payable
10B. (1) In the event of any dispute as to the liability to pay medical expenses under section 10A or as to the amount of such medical expenses, the employee or the employer may apply to the Commissioner for the determination of the dispute.
(2) Where an application is made under subsection (1), the Commissioner shall determine whether or not medical expenses are payable by the employer and if he determines that medical expenses are payable he shall issue a certificate to the employee and the employer stating the amount of such medical expenses.
(3) A certificate purporting to be issued under subsection (2) and to be signed by or for the Commissioner shall be admitted in evidence without further proof on its production in any 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 amount of the medical expenses payable by the
employer.
(Added, 74 of 1977, s. 3. Amended, 44 of 1980, s. 15)
Method of calculating earnings
11. (1) Subject to this section, for the purposes of this Ordinance the monthly earnings of an employee at the time of the accident shall be the earnings-
(a) for the month immediately preceding the date of the accident; or
(b) computed in such manner as is best calculated to give the rates per
month at which the employee was being remunerated during the previous 12 months if he has been so long employed by the same employer, but, if not, then for any lesser period during which he has been employed by the same employer,
1988 Ed.]
Employees' Compensation
[CAP. 282
17
request for payment under subsection (6) or, where an application is made to the Commissioner under section 10B for the determination of a dispute, within 21 days after the date of determination of the dispute, the medical expenses may be recovered by the employee from the employer-
(a) as a civil debt in the Small Claims Tribunal established under the
Small Claims Tribunal Ordinance (Cap. 338); or
(b) where the amount claimed exceeds the jurisdiction of the Small Claims
Tribunal, as a civil debt in the District Court.
(8) A claim for medical expenses in the District Court may be brought either independently of or in conjunction with any other claim for compensa- tion which is, under this Ordinance, to be brought in the District Court,
(9) [Deleted, 76 of 1982, s. 8]
(Added, 74 of 1977, s. 3. Amended, 44 of 1980, s. 15)
Determination by Commissioner of medical expenses
payable
10B. (1) In the event of any dispute as to the liability to pay medical expenses under section 10A or as to the amount of such medical expenses, the employee or the employer may apply to the Commissioner for the determina- tion of the dispute.
(2) Where an application is made under subsection (1), the Commissioner shall determine whether or not medical expenses are payable by the employer and if he determines that medical expenses are payable he shall issue a certificate to the employee and the employer stating the amount of such medical expenses.
(3) A certificate purporting to be issued under subsection (2) and to be signed by or for the Commissioner shall be admitted in evidence without further proof on its production in any 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 amount of the medical expenses payable by the
employer.
(Added, 74 of 1977, s. 3. Amended, 44 of 1980, s. 15)
Method of calculating earnings
11. (1) Subject to this section, for the purposes of this Ordinance the monthly earnings of an employee at the time of the accident shall be the earnings-
(a) for the month immediately preceding the date of the accident; or
(b) computed in such manner as is best calculated to give the rates per
month at which the employee was being remunerated during the previous 12 months if he has been so long employed by the same employer, but, if not, then for any lesser period during which he has been employed by the same employer,
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