1964_EMPLOYEES__COMPENSATION_ORDINANCE — Page 37

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CAP. 282]

Employees' Compensation

[1988 Ed.

verted to a lump sum, or ended. If the accident is found to have resulted in permanent incapacity, the provisions of section 7 or 9 shall apply, as the case may be. (Replaced, 55 of 1969, s. 16)

(3) Where application is made by an employer under this section for any periodical payment to be ended or diminished and the application is supported by the certificate of a medical practitioner, the employer may pay into Court the periodical payment, or so much thereof as is equal to the amount by which he contends that the periodical payment should be diminished, to abide the decision of the Court made on a review under this section.

(4) In making a review under this section, the Court shall have regard only to the capacity for work of the employee as affected by the accident.

(Amended, 44 of 1980, s. 15)

Limitation of power of employer to end or decrease

periodical payments

20. Subject to the provisions of sections 10(5) or (9), 16(4) and 19(3), an employer shall not be entitled, otherwise than in pursuance of an order of the Court, a certificate under section 16A or an agreement made under section 17- (Amended, 55 of 1969, s. 17 and 76 of 1982, s. 17)

(a) to end periodical payments except-

(i) where an employee resumes work and his earnings are not less than the earnings which he was obtaining before the accident; or

(ii) where an employee dies;

(b) to diminish periodical payments except-

(i) where an employee in receipt of periodical payments in respect of total incapacity has actually returned to work; or

(ii) where the earnings of an employee in receipt of periodical payments in respect of partial incapacity have actually been increased. (Amended, 44 of 1980, s. 15)

Jurisdiction of the Court

21. (1) Save as is provided in this Ordinance and any rules made thereunder, the District Court shall, upon or in connection with any question to be investigated or determined thereunder, have all the powers and jurisdictions exercisable by the District Court in or in connection with civil actions in such Court in like manner as if the Court had by the District Court Ordinance (Cap. 336) been empowered to determine all claims for compensation under this Ordinance whatever the amount involved and the law, rules and practice relating to such civil actions and to the enforcement of judgments and orders of the Court shall mutatis mutandis apply. (Amended, 76 of 1982, s. 18)

(2) The Court shall have jurisdiction to hear and determine any action notwithstanding that the amount claimed exceeds the sum mentioned in sec- tion 33 of the District Court Ordinance. (Added, 55 of 1969, s. 18. Amended, 79 of 1981, s. 3)

(3) The Court may, in any proceedings brought in the Court for the recovery of any compensation, order that there shall be included in the sum for