1964_EMPLOYEES__COMPENSATION_ORDINANCE — Page 27

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CAP. 282]

Employees' Compensation

[1988 Ed.

may, on application to the Court by the employer, the employee or the Commissioner, be made an order of the Court and, for the purposes of this subsection, the amount payable under any such certificate shall include any surcharge payable in respect thereof under subsection (10).

(9) Subject to section 18, the employer shall pay to the employee within a period of 21 days after-

(a) the date of issue of the certificate issued under subsection (2); or

(b) where an objection is made under subsection (3), the date of issue of

the certificate issued under subsection (5),

the balance (if any) of the amount of compensation stated in the certificate after deducting from such amount--

(i) the total sum of any periodical payments made by the employer to the employee under section 10 in respect of the injury to which the certificate relates; and

(ii) any sum which the Commissioner has ordered to be deducted under

section 13(3).

(10) An employer who fails without reasonable excuse to comply with subsection (9) shall pay to the employee, in addition to the amount of compensation payable under that subsection (Amended, 59 of 1988, s. 4)

(a) upon the expiry of the payment period, a surcharge of 5 per cent of the amount of compensation then remaining unpaid or $200, whichever is the greater; and

(b) upon the expiry of 3 months after the expiry of the payment period, a further surcharge of 10 per cent of the amount then remaining unpaid of the aggregate of the amount of compensation referred to in paragraph (a) and the surcharge imposed under that paragraph or $400, whichever is the greater. (Amended, L.N. 390/87)

(11) For the purposes of subsection (10) "payment period" means the appropriate period for payment referred to in subsection (9).

(12) An employer who fails without reasonable excuse to comply with subsection (9) or (10) commits an offence and is liable to a fine of $10,000. (Added, 59 of 1988, s. 4)

(Added, 76 of 1982, s. 14)

Cancellation of minor injuries claim certificate by the Court

16B. (1) Notwithstanding anything in section 16A, the Court may, on application by the employer, the employee or the Commissioner, cancel a certificate issued under section 16A(2) or (5) and make such order (including an order as to any sum already paid under the certificate) as in the circumstances the Court may think just, if it is proved that-

(a) the sum paid or to be paid was or is not in accordance with the

provisions of this Ordinance; or

(b) the certificate was issued in ignorance of, or under a mistake as to, the true nature or the extent of the injury; or (Amended, 60 of 1986, s. 2)