50
CAP. 282]
Employees' Compensation
[1988 Ed.
Application to the Court
36G. Where the employer on whom a request for payment under section 36D is served fails to pay within the period specified in section 36E(1), or disputes the claim, an application to the Court in the prescribed form and manner may be made by the Director for enforcing his claim to the amount of the cost or for the determination of the dispute.
(Added, 67 of 1971, s. 2. Amended, 44 of 1980, s. 11)
Claim under section 36B to be made within 5 years
36H. All claims for the cost of supplying and fitting any prosthesis or surgical appliance to an employee under this Part shall be made within 5 years from the occurrence of the accident giving rise to the injury.
(Added, 67 of 1971, s. 2.
Amended, 44 of 1980, s. 15)
Employer's liability to pay for the cost of repair or renewal of prostheses or surgical appliances
36I. Subject to section 36J, where in respect of an accident occurring on or after the date on which this section comes into operation an employer is liable to pay for the cost of supplying and fitting a prosthesis or surgical appliance to an employee under section 36B, he shall also be liable to pay for the probable cost of the normal repair and renewal of the prosthesis or surgical appliance during a period of 10 years after the date on which the prosthesis or surgical appliance is originally fitted.
Limit of employer's liability to pay under section 36I
(Replaced, 44 of 1980, s. 12)
36J. The amount of the cost which the employer is liable to pay under section 36I shall be the total amount assessed by the Board under section 36M(2)(c) and (3) and shall not, in the case of any one employee, exceed an aggregate of $43,000 in respect of any one accident.
50,000
(Replaced, 44 of 1980, s. 12. Amended, L.N. 321/85 and L.N. 390/87)
Treatment of claims under section 36I
36K. (1) A claim for payment of the cost which an employer is liable to pay under section 36I shall be treated as a claim for the cost of supplying and fitting a prosthesis or surgical appliance under section 36B, and, subject to subsection (2), sections 36D, 36E, 36F, 36G and 36H shall, with the necessary modifications, apply in respect of a claim under section 36I. (Amended, 76 of 1982, s. 25)
(2) An employer may not, in respect of any claim made under section 36I, dispute the necessity for renewal and repair of the prosthesis or surgical appliance.
(Added, 44 of 1980, s. 12)
50
CAP. 282]
Employees' Compensation
[1988 Ed.
Application to the Court
36G. Where the employer on whom a request for payment under sec- tion 36D is served fails to pay within the period specified in section 36E(1), or disputes the claim, an application to the Court in the prescribed form and manner may be made by the Director for enforcing his claim to the amount of the cost or for the determination of the dispute.
(Added, 67 of 1971, s. 2. Amended, 44 of 1980, s. 11)
Claim under section 36B to be made within 5 years
36H. All claims for the cost of supplying and fitting any prosthesis or surgical appliance to an employee under this Part shall be made within 5 years from the occurrence of the accident giving rise to the injury.
(Added, 67 of 1971, s. 2.
Amended, 44 of 1980, s. 15)
Employer's liability to pay for the cost of repair or renewal of prostheses or surgical appliances
361. Subject to section 36J, where in respect of an accident occurring on or after the date on which this section comes into operation an employer is liable to pay for the cost of supplying and fitting a prosthesis or surgical appliance to an employee under section 36B, he shall also be liable to pay for the probable cost of the normal repair and renewal of the prosthesis or surgical appliance during a period of 10 years after the date on which the prosthesis or surgical appliance is originally fitted.
Limit of employer's liability to pay under section 361
(Replaced, 44 of 1980, s. 12)
36J. The amount of the cost which the employer is liable to pay under section 361 shall be the total amount assessed by the Board under section 36M(2)(c) and (3) and shall not, in the case of any one employee, exceed an aggregate of $43,000 in respect of any one accident.
50,000
(Replaced, 44 of 1980, s. 12. Amended, L.N. 321/85 and L.N. 390/87)
Treatment of claims under section 361
36K. (1) A claim for payment of the cost which an employer is liable to pay under section 361 shall be treated as a claim for the cost of supplying and fitting a prosthesis or surgical appliance under section 36B, and, subject to subsection (2), sections 36D, 36E, 36F, 36G and 36H shall, with the necessary modifications, apply in respect of a claim under section 361. (Amended, 76 of. 1982, s. 25)
(2) An employer may not, in respect of any claim made under section 361, dispute the necessity for renewal and repair of the prosthesis or surgical appliance.
(Added, 44 of 1980, s. 12)
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