1964_PNEUMOCONIOSIS_(COMPENSATION)_ORDINANCE — Page 18

1986 Ed.]

Pneumoconiosis (Compensation)

[CAP. 360

17

(a) determine whether the person is suffering from pneu-

moconiosis;

(b) determine whether any permanent or temporary total or

partial incapacity has resulted from pneumoconiosis; and

(c) where the determination is that such incapacity has

resulted-

(i) determine the date upon which the incapacity com- menced; and

(ii) assess the degree of the incapacity.

(1A) Where a person suffering any incapacity dies from a cause other than pneumoconiosis, the Pneumoconiosis Medical Board shall, if the Commissioner so requests, make a determination and assessment in accordance with subsection (1)(a), (b) and (c) from the records of the medical treatment given to the deceased person. (Added, 15 of 1986, s. 4)

(2) In the case of death, the Pneumoconiosis Medical Board shall, at the request of the Commissioner, determine whether the death resulted from pneumoconiosis.

(3) The Pneumoconiosis Medical Board shall, if it determines under subsection (1) that the permanent partial incapacity has resulted from pneumoconiosis-

(a) determine whether the person may in the future suffer a greater degree of permanent incapacity resulting from pneumoconiosis; and

(b) where the determination is that the person may in the future suffer such greater degree of permanent incapacity, assess the extent of the greater degree of incapacity, but such assessment shall not exceed 50 per cent of the degree of the permanent partial incapacity assessed under subsection (1).

(4) Where a person has elected under section 7(1)(b) for the payment of compensation in 2 instalments and has been paid compensation on the first occasion under section 9(1)(a), the Pneumoconiosis Medical Board shall-

(a) determine whether the person has suffered a greater degree of permanent incapacity since the initial assessment of the incapacity for the purposes of payment of compensation on the first occasion; and

(b) where the determination is that the person has suffered such greater degree of incapacity, assess the additional degree of the incapacity.

(5) A determination and assessment by the Pneumoconiosis Medical Board, if not unanimous, shall be that of the majority of the members of the Pneumoconiosis Medical Board.