1988 Ed.]
Employees' Compensation
[CAP. 282
35
Provided that the Court may, if it thinks fit, extend the time within which to appeal under this section notwithstanding that the time has elapsed.
(3) On an appeal under this section, the Court may confirm or reverse any decision, or confirm or vary any assessment, of the Commissioner, an Ordinary Assessment Board or a Special Assessment Board, or may substitute its own assessment, and may determine the amount of compensation payable and may make such order in respect thereof, including any order as to costs, as it thinks fit.
(Replaced, 76 of 1982, s. 16)
Determination of claims by the Court
18A. (1) Except where otherwise provided under this Ordinance, all claims for compensation, except to the extent that such claims are determined-
(a) by certificate under section 16A; or
(b) by agreement under section 17,
and any matter arising out of proceedings in respect of such claims shall be determined by the District Court, whatever may be the amount involved, and the Court may, for that purpose, call upon any person to give evidence, if the Court is of the opinion that such person is, by virtue of his expert knowledge, able to assist the Court.
(2) An employee may, in the prescribed form and manner, make an application for enforcing his claim for compensation to the Court:
Provided that no application shall be made-
(a) in the case of a claim in respect of an injury to which section 16A applies, until after the expiry of the payment period within the meaning of subsection (11) of that section; and
(b) in the case of a claim for compensation under section 7, 9 or 10 in respect of injury to which section 16D(4) applies, until after the expiry of 21 days after the relevant date within the meaning of section 17(3), unless the employer has given notice under section 17(2) that he does not intend to enter into an agreement in respect of the compensation to be paid by him for the injury.
(Amended, 31 of 1985, s. 11)
(Added, 76 of 1982, s. 16)
Review
19. (1) Any periodical payment payable under this Ordinance either under agreement between the parties or under an order of the Court, may be reviewed by the Court on the application either of the employer or of the employee:
Provided that where the application for review is based on a change in the condition of the employee any such application shall be supported by a certificate of a medical practitioner.
(2) Subject to the provisions of this Ordinance, any periodical payment may, on review under this section, be continued, increased, diminished, con-
1988 Ed.]
Employees' Compensation
[CAP. 282
35
Provided that the Court may, if it thinks fit, extend the time within which to appeal under this section notwithstanding that the time has elapsed.
(3) On an appeal under this section, the Court may confirm or reverse any decision, or confirm or vary any assessment, of the Commissioner, an Ordinary Assessment Board or a Special Assessment Board, or may substitute its own assessment, and may determine the amount of compensation payable and may make such order in respect thereof, including any order as to costs, as it thinks fit.
(Replaced, 76 of 1982, s. 16)
Determination of claims by the Court
18A. (1) Except where otherwise provided under this Ordinance, all claims for compensation, except to the extent that such claims are determined-
(a) by certificate under section 16A; or
(b) by agreement under section 17,
and any matter arising out of proceedings in respect of such claims shall be determined by the District Court, whatever may be the amount involved, and the Court may, for that purpose, call upon any person to give evidence, if the Court is of the opinion that such person is, by virtue of his expert knowledge, able to assist the Court.
(2) An employee may, in the prescribed form and manner, make an application for enforcing his claim for compensation to the Court:
Provided that no application shall be made-
(a) in the case of a claim in respect of an injury to which section 16A applies, until after the expiry of the payment period within the meaning of subsection (11) of that section; and
(b) in the case of a claim for compensation under section 7, 9 or 10 in respect of injury to which section 16D(4) applies, until after the expiry of 21 days after the relevant date within the meaning of section 17(3), unless the employer has given notice under section 17(2) that he does not intend to enter into an agreement in respect of the compensation to be paid by him for the injury. (Amended, 31 of 1985, s. 11)
{ Added, 76 of 1982, s. 16)
Review
19. (1) Any periodical payment payable under this Ordinance either under agreement between the parties or under an order of the Court, may be reviewed by the Court on the application either of the employer or of the employee:
Provided that where the application for review is based on a change in the condition of the employee any such application shall be supported by a certificate of a medical practitioner.
(2) Subject to the provisions of this Ordinance, any periodical payment may, on review under this section, be continued, increased, diminished, con-
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