CAP. 360
First Schedule, Part 1.
Compensation for permanent incapacity. First Schedule, Part II.
Payment of compensation for permanent
partial incapacity.
Payment of compensation for permanent
partial incapacity in a lump sum.
Pneumoconiosis (Compensation)
[1986 Ed.
(5) Where a person referred to in subsection (1) or (2) does not leave any dependants, the Board shall pay the reasonable expenses of the burial of the deceased person in accordance with Part I of the First Schedule.
6. (1) Where permanent total incapacity results from pneumoconiosis, the amount of compensation shall be in accordance with Part II of the First Schedule.
(2) Where permanent partial incapacity results from pneumoconiosis, the amount of compensation shall be such percentage of the compensation which would have been payable in the case of permanent total incapacity under subsection (1) as is proportionate to the loss of earning capacity permanently caused by pneumoconiosis in any employment which the person was capable of undertaking immediately before the date of incapacity.
7. (1) Where the Pneumoconiosis Medical Board determines under section 24 that the permanent partial incapacity has resulted from pneumoconiosis, the person shall elect that compensation be paid to him-
(a) in a lump sum under section 8; or
(b) in 2 instalments under section 9.
(2) An election under subsection (1) shall be made in writing in the presence of the Commissioner, or a public officer authorized in that behalf by the Commissioner, and such election shall be final.
(3) Before an election is made under subsection (1), the Commissioner, or a public officer authorized in that behalf by the Commissioner, shall explain to the person the effect of the election and he shall be satisfied that the person understands the effect of the election.
(4) If a person who is required to make an election under subsection (1), fails to elect within 1 month of the Commissioner explaining the effect of the election, he shall be deemed to have elected that compensation be paid to him in a lump sum under section 8.
8. (1) A person who has elected under section 7(1)(a) for the payment of compensation in a lump sum shall be paid compensation in respect of
(a) the degree of permanent partial incapacity assessed under
section 24(1); and
(b) any greater degree of permanent partial incapacity assessed
under section 24(3).
(2) Where the aggregate percentage of the permanent incapacity referred to in subsection (1)(a) and (b) amounts to 100 per cent or more, compensation in respect of such incapacity shall be paid as if it were permanent total incapacity.
8
CAP. 360
First Schedule, Part 1.
Compensation for permanent incapacity. First Schedule, Part II.
Payment of compensation for permanent
partial incapacity.
Payment of compensation for permanent
partial incapacity in a lump sum.
Pneumoconiosis (Compensation)
[1986 Ed.
(5) Where a person referred to in subsection (1) or (2) does not leave any dependants, the Board shall pay the reasonable expenses of the burial of the deceased person in accordance with Part I of the First Schedule.
6. (1) Where permanent total incapacity results from pneu- moconiosis, the amount of compensation shall be in accordance with Part II of the First Schedule.
(2) Where permanent partial incapacity results from pneu- moconiosis, the amount of compensation shall be such percentage of the compensation which would have been payable in the case of permanent total incapacity under subsection (1) as is proportionate to the loss of earning capacity permanently caused by pneumo- coniosis in any employment which the person was capable of undertaking immediately before the date of incapacity.
7. (1) Where the Pneumoconiosis Medical Board determines under section 24 that the permanent partial incapacity has resulted from pneumoconiosis, the person shall elect that compensation be paid to him-
(a) in a lump sum under section 8; or
(b) in 2 instalments under section 9.
(2) An election under subsection (1) shall be made in writing in the presence of the Commissioner, or a public officer authorized in that behalf by the Commissioner, and such election shall be final.
(3) Before an election is made under subsection (1), the Com- missioner, or a public officer authorized in that behalf by the Commissioner, shall explain to the person the effect of the election and he shall be satisfied that the person understands the effect of the election.
(4) If a person who is required to make an election under subsection (1), fails to elect within 1 month of the Commissioner explaining the effect of the election, he shall be deemed to have elected that compensation be paid to him in a lump sum under section 8.
8. (1) A person who has elected under section 7(1)(a) for the payment of compensation in a lump sum shall be paid compensation in respect of
(a) the degree of permanent partial incapacity assessed under
section 24(1); and
(b) any greater degree of permanent partial incapacity assessed
under section 24(3).
(2) Where the aggregate percentage of the permanent incapacity referred to in subsection (1)(a) and (b) amounts to 100 per cent or more, compensation in respect of such incapacity shall be paid as if it were permanent total incapacity.
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