1964_EMPLOYEES__COMPENSATION_ORDINANCE — Page 49

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CAP. 282]

Employees' Compensation

[1988 Ed.

IN 586 1989

"surgical appliance" means any artificial item which supports directly or indirectly the structure or function of a part of the body impaired as a result of an injury.

(Added, 67 of 1971, s. 2)

Employer's liability to pay for the cost of supplying fitting and prosthesis or surgical appliance

36B. (1) Subject to the provisions of this section, if, in any employment, personal injury is caused to an employee by accident arising out of and in the course of the employment, the employer shall, notwithstanding any other compensation he may be liable to pay under this Ordinance, be liable to pay for the cost of supplying and fitting to the employee a prosthesis or surgical appliance required by him as a result of his injury. (Amended, 76 of 1982, s. 24)

(1A) Notwithstanding anything in paragraph (a) of the proviso to section 5(1), the employer shall be liable under subsection (1) whether or not the injury has resulted or is likely to result in any period of temporary incapacity exceeding 3 consecutive days or in any permanent incapacity causing a loss of earning capacity. (Added, 76 of 1982, s. 24)

(2) The employer shall not be liable under subsection (1) unless-

(a) the employee submits himself to treatment by a medical practitioner or a registered dentist;

(b) the prosthesis or surgical appliance is supplied and fitted to the employee; and

(c) the prosthesis or surgical appliance so supplied and fitted is-

(i) manufactured or on sale in Hong Kong; and

(ii) certified by the Board under section 36M(4). (Replaced, 44 of 1980, s. 8)

(3) If the prosthesis or surgical appliance required by the employee is not manufactured or on sale in Hong Kong, and the Director gives his approval, the employee may be supplied and fitted with a prosthesis or surgical appliance which is manufactured or on sale at a place other than Hong Kong, in which case, the employer shall, notwithstanding subsection (2)(c)(i), be liable to pay for the cost of supplying and fitting the same to the employee.

(Added, 67 of 1971, s. 2. Amended, 44 of 1980, ss. 8 and 15)

Limit of employer's liability to pay under section 36B

36C. The amount of the cost which the employer is liable to pay under section 36B shall not, in the case of any one employee, exceed an aggregate of $14,000 in respect of any one accident.

(Added, 67 of 1971, s. 2. Amended, 44 of 1980, s. 15; L.N. 321/85 and L.N. 390/87) $16,000