ID
1988 Ed.]
Employees' Compensation
[CAP. 282
49
Manner in which a claim under section 36B may be made
36D. (1) A claim for the cost of supplying and fitting any prosthesis or surgical appliance which the employer is liable to pay under section 36B may be made by the Director by serving on the employer a request in writing for the payment of the cost.
(2) A request for payment under subsection (1) shall specify--
(a) [Repealed, 59 of 1988, s. 11]
(b) the amount claimed; and
(c) the address at which the Director may be served under section 36E(2)(b) if the employer disputes the claim.
(3) A request for payment under subsection (1) shall be supported by a certificate issued by the Board under section 36M(4).
(Added, 67 of 1971, s. 2. Amended, 44 of 1980, s. 9)
Employer to pay amount in 1 month unless he disputes the claim
36E. (1) The employer shall, on receipt of a request for payment under section 36D and before the expiry of 1 month from the time of receipt, pay the amount of the cost to the Director, unless he disputes his liability to pay or the necessity or cost of the prosthesis or surgical appliance.
(2) If the employer so disputes, he shall within the period specified in subsection (1)
(a) deposit the amount of the cost claimed with the Director who shall hold the same until any such dispute is determined; and
(b) serve on the Director at the address specified in section 36D(2) a notice setting out the grounds of dispute.
(3) If the employer so disputes, but fails without reasonable excuse to comply with the provisions of subsection (2), he shall be deemed to have agreed to pay the amount of the cost claimed in the request for payment.
(Added, 67 of 1971, s. 2. Amended, 44 of 1980, s. 10)
Disputes to be determined by the Court
36F. (1) Where any dispute arises as to the liability to pay or the necessity or cost of any prosthesis or surgical appliance supplied and fitted to the employee under this Part, the dispute shall be determined by the Court.
(2) At the determination of the dispute, the Court may make such order as it may deem fit in respect of the deposit under section 36E(2)(a), but shall order the return of the deposit to the employer if it finds the employer not liable or that the prosthesis or surgical appliance is not necessary for the employee.
(Added, 67 of 1971, s. 2. Amended, 44 of 1980, s. 15)
Page 50
Page 51
24138658
1989
ID
1988 Ed.]
Employees' Compensation
[CAP. 282
49
Manner in which a claim under section 36B may be made
36D. (1) A claim for the cost of supplying and fitting any prosthesis or surgical appliance which the employer is liable to pay under section 36B may be made by the Director by serving on the employer a request in writing for the payment of the cost.
(2) A request for payment under subsection (1) shall specify--
(a) [Repealed, 59 of 1988, s. 11]
(b) the amount claimed; and
(c) the address at which the Director may be served under section
36E(2)(b) if the employer disputes the claim.
(3) A request for payment under subsection (1) shall be supported by a certificate issued by the Board under section 36M(4).
(Added, 67 of 1971, s. 2. Amended, 44 of 1980, s. 9)
Employer to pay amount in 1 month unless he disputes the claim
36E. (1) The employer shall, on receipt of a request for payment under section 36D and before the expiry of 1 month from the time of receipt, pay the amount of the cost to the Director, unless he disputes his liability to pay or the necessity or cost of the prosthesis or surgical appliance.
(2) If the employer so disputes, he shall within the period specified in subsection (1)
(a) deposit the amount of the cost claimed with the Director who shall
hold the same until any such dispute is determined; and
(b) serve on the Director at the address specified in section 36D(2) a notice
setting out the grounds of dispute.
(3) If the employer so disputes, but fails without reasonable excuse to comply with the provisions of subsection (2), he shall be deemed to have agreed to pay the amount of the cost claimed in the request for payment.
(Added, 67 of 1971, s. 2. Amended, 44 of 1980, s. 10)
Disputes to be determined by the Court
36F. (1) Where any dispute arises as to the liability to pay or the necessity or cost of any prosthesis or surgical appliance supplied and fitted to the employee under this Part, the dispute shall be determined by the Court.
(2) At the determination of the dispute, the Court may make such order as it may deem fit in respect of the deposit under section 36E(2)(a), but shall order the return of the deposit to the employer if it finds the employer not liable or that the prosthesis or surgical appliance is not necessary for the employee.
(Added, 67 of 1971, s. 2. Amended, 44 of 1980, s. 15)
Page 50Page 51
241386581989
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