1964_PNEUMOCONIOSIS_(COMPENSATION)_ORDINANCE — Page 11

10

CAP. 360]

First Schedule, Part IV.

Payment of medical

expenses.

Second Schedule.

Pneumoconiosis ( Compensation)

[1986 Ed.

(2) Compensation under this section shall be in accordance with Part IV of the First Schedule.

12. (1) Subject to this section, where a person contracts pneumoconiosis which results in the total or partial incapacity, whether of a permanent or temporary nature, of the person, he shall, during such incapacity, be entitled to medical expenses under this Ordinance for the medical treatment in respect of pneumoconiosis.

(2) Medical expenses under subsection (1) shall-

(a) be payable in addition to any compensation payable under

this Ordinance;

(b) not be payable-

(i) in respect of the period of incapacity for which no compensation is payable under section 4(3); or

(ii) where his employer, if any, provides adequate free medical treatment to the person.

(3) Medical expenses under subsection (1) shall be payable in accordance with the Second Schedule in respect of the period during which the person receives medical treatment until-

(a) the attending medical practitioner certifies that in his opinion the person requires no further treatment for pneu- moconiosis:

(b) the person becomes entitled to receive compensation for

permanent incapacity, whether total or partial; or

(c) the expiry of 2 years from the date of the incapacity,

whichever is the earliest.

(4) Where a person has paid for any medical treatment re- ceived by him he shall be entitled to recover the medical expenses under this Ordinance by serving on the Commissioner a request in writing for the payment of the medical expenses together with a receipt for the payment for the medical treatment.

(5) On receipt of a request for the payment of medical ex- penses in accordance with subsection (4), the Commissioner shall détermine whether or not medical expenses are payable under this Ordinance and if he determines that medical expenses are payable he shall issue a certificate to the person and the Board stating the amount of such medical expenses and thereupon the Board shall within 21 days after receipt of the certificate, pay from the Fund to the person the amount shown in the certificate.

(6) A certificate purporting to be issued under subsection (5) and to be signed by or for the Commissioner shall be admitted in evidence without proof on its production in any court and-

(a) until the contrary is proved, it shall be presumed that the

certificate is so issued and signed;