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Fiji Legislation |
LAWS OF FIJI
CHAPTER 94
WORKMEN'S COMPENSATION
ARRANGEMENT OF SECTIONS
PART I-PRELIMINARY
SECTION
1.
Short title.
2. Meaning of "workman"
and application of Act.
3.
Interpretation.
4. Application to
workmen employed under the Crown.
PART II-COMPENSATION FOR INJURY
5.
Employer's liability for compensation for death or incapacity resulting from
accident.
6. Compensation in fatal
cases.
7. Compensation in the case of
permanent total incapacity.
8.
Compensation in the case of permanent partial
incapacity.
9. Compensation in the
case of temporary incapacity.
10.
Method of calculating earnings.
11.
Persons entitled to compensation.
12.
Distribution of compensation.
13.
Requirements as to notice of accident and application for
compensation.
14. Employer to report the injury to, or death of, a workman and method of notification.
15. Medical examination and
treatment.
16. Agreement as to
compensation.
17. Determination of
claims.
18.
Review.
19. Limitation of power of
employer to end or decrease periodical
payments.
20. Jurisdiction of the
court.
21. Power of the court to
submit questions of law.
22.
Appeals.
23. Liability in case of
workmen employed by contractors.
24.
Remedies against both employer and
stranger.
25. Proceedings
independently of this Act.
26.
Minister may by order require employers to
insure.
27. Provision as to cases of
bankruptcy of employer.
28.
Application to persons employed on ships.
29. Procedure where workmen's earnings do not exceed a prescribed amount per week.
30.
Contracting out.
31. Compensation not
to be assigned, charged or attached.
PART III-MEDICAL AID
32. Medical
expenses.
33. Decisions of court in
regard to treatment and medical
reports.
34. Fees for medical aid to
be prescribed.
PART IV-OCCUPATIONAL DISEASES
35. Compensation in
respect of diseases.
36. Liability to
pay compensation.
37. Fixing date from
which time is to run, indicating requirements as to the giving of notice and
defining earnings.
38. Presumption as
to cause of disease.
39. Saving right
of workman to proceed against previous
employer.
40. Compensation to include
medical aid.
41. Diseases and
occupations may be prescribed.
PART V-GENERAL
42.
Regulations.
43. Regulations as to
transfer of funds.
------------------------------------
WORKMEN'S COMPENSATION
Ordinances
No. 17 of 1964, 7 of 1966, 37 of
1966,
Act No. 27
of 1975
AN ACT
TO PROVIDE FOR COMPENSATION TO WORKMEN
FOR
INJURIES
SUFFERED IN THE COURSE OF THEIR EMPLOYMENT
[1st April 1965]
PART I-PRELIMINARY
Short title
1.
This Act may be cited as the Workmen's Compensation Act.
Meaning of "Workman" and application of Act
2.-(1) In this Act, unless the context otherwise requires, the expression "workman", subject to the provisions of section 4 and the proviso to this subsection, means any person who has, either before or after the commencement of this Act, entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, or otherwise, whether the contract is expressed or implied, is oral or in writing, whether the remuneration is calculated by time or by work done, and whether by the day, week, month or any longer period:
Provided that the following persons are excepted from the definition of "workman":-
(a) a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business, not being a person employed for the purposes of any game or recreation and engaged or paid through a club;
(b) an outworker;
(c) a member of the employer's family dwelling in the employer's house or the curtilage thereof; or
(d) any class of persons whom the Minister may, by order, declare not to be workmen for the purposes of this Act.
(2)
If in any proceedings for the recovery of compensation under this Act it appears
to the court that the contract of service or
apprenticeship under which the
injured person was working, at the time when the accident causing the injury
happened, was illegal,
the court may, if having regard to all the circumstances
of the case it thinks proper to do so, deal with the matter as if the injured
person had at such time been a person working under a valid contract of service
or apprenticeship.
(3) Except for
the purposes of section 16, any reference to a workman who has been injured
shall, unless the context otherwise requires,
where the workman is dead, include
a reference to his personal representative, or to his dependants or any of
them.
(4) The Permanent Secretary
and any labour officer or any labour inspector authorised by the Permanent
Secretary in writing may institute
or appear or both institute and appear on
behalf of any workman or where the workman is dead on behalf of his dependants
in any civil
proceedings by the workman or any dependants of his, as the case
may be, in respect of any matter or thing or course of action arising
out of or
in the course of employment of such workman under any of the provisions of this
Act.
(Inserted
by 27 of 1975 s.2).
Interpretation
3.-(1)
In this Act, unless the context otherwise requires-
"compensation" means compensation as provided for by this Act;
"court" means a court of a resident magistrate;
Provided that the Minister may by order declare that in any area of Fiji or for any case or class of cases, proceedings under this Act may be brought in any other court;
"dependants" means those members of the family of a workman who were wholly or in part dependent upon his earnings at the time of his death, or would but for the incapacity due to the accident have been so dependent, and, where the workman, being the parent or grandparent of an illegitimate child, leaves such child so dependent upon his earnings, or, being an illegitimate child, leaves a parent or grandparent so dependent upon his earnings, shall include such an illegitimate child or parent or grandparent respectively:
Provided that a person shall not be deemed to be a partial dependant of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessaries of life suitable for persons in his class and position;
"earnings" include gross wages and any allowance in respect of increased cost of living paid to the workman by the employer and the value of any food, fuel or quarters supplied to the workman by the employer; and any overtime payments or other special remuneration for work done, whether by way of bonus or otherwise, if of constant character or for work habitually performed; but shall not include remuneration for intermittent overtime, or casual payments of a non-recurrent nature, any ex gratia payment whether given by the employer or other person, or the value of a travelling allowance, or the value of any travelling concession or a contribution paid by the employer of a workman towards any pension or provident fund, or a sum paid to a workman to cover any special expenses entailed on him by the nature of his employment;
"employer" includes the Government and any body of persons corporate or unincorporate and the personal representative of a deceased employer, and, where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person; and in relation to a person employed for the purposes of any game or recreation and engaged or paid through a club, the manager, or members of the managing committee of the club shall, for the purposes of this Act, be deemed to be the employer;
"Government" means the Government of Fiji and for the purpose of avoiding doubt the Minister by notice may include or exclude any person from this definition;
"insurer" includes any insurance society, insurance association, insurance company or underwriter;
"local or other public authority" means any local or public authority declared by order of the Minister to be a local or public authority for the purposes of this Act;
"medical aid" means medical, surgical and hospital treatment, skilled nursing services, and the supply of medicines within Fiji or with the approval of the Permanent Secretary for Health, outside Fiji, and the supply, maintenance, repair and renewal of any artificial appliances or apparatus;
"medical practitioner" means a medical practitioner registered under the Medical and Dental Practitioners Act; (Cap. 255.)
(Substituted by 14 of 1975 s. 21)
"member of the family" means when used in relation to any person, the wife, husband, father, mother, grandfather, grandmother, step-father, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother of half-sister of such person;
"outworker" means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the materials or articles;
"partial incapacity" means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the incapacity, and, where the incapacity is of a permanent nature, such incapacity as reduces his earning capacity in any employment which he was capable of undertaking at that time:
Provided that every injury specified in the Schedule to this Act, except such injury or combination of injuries in respect of which the percentage or aggregate percentage of the loss of earning capacity as specified therein against such injury or injuries amounts to one hundred per cent or more shall be deemed to result in permanent partial incapacity;
"Permanent Secretary" means the Permanent Secretary for Labour;
"total incapacity" means such incapacity, whether of a temporary or permanent nature, as incapacitates a workman for any employment which he was capable of undertaking at the time of the accident resulting in such incapacity:
Provided that permanent total incapacity shall be deemed to result from an injury or from any combination of injuries specified in the Schedule where the percentage or aggregate percentage of the loss of earning capacity as specified therein against such injury or injuries amounts to one hundred per cent or more;
"tributer" means a person who is granted permission to win minerals, receiving a proportion of the minerals won by him or the value thereof.
(2)
The exercise and performance of the powers and duties of a local or other public
authority shall, for the purposes of this Act,
be deemed to be the trade or
business of such local or other public authority.
Application to workmen employed under the Crown
4.
This Act, shall apply to workmen employed by the Government or under the Crown
in the same way and to the same extent as if the
employer were a private person,
except in the case of-
(a) members of Her Majesty's Naval, Military or Air Forces; and
(b) persons in the civil employment of Her Majesty, otherwise than in the Government.
PART II-COMPENSATION FOR INJURY
Employer's liability for compensation for death or incapacity resulting from accident
5.-(1)
If in any employment personal injury by accident arising out of and in the
course of the employment is caused to a workman,
his employer shall, subject as
hereinafter provided, be liable to pay compensation in accordance with the
provisions of this Act
and, for the purposes of this Act, an accident resulting
in the death or serious and permanent incapacity of a workman shall be deemed
to
arise out of and in the course of his employment, notwithstanding that the
workman was at the time when the accident happened
acting in contravention of
any statutory or other regulation applicable to his employment, or of any orders
given by or on behalf
of his employer, or that he was acting without instruction
from his employer, if such act was done by the workman for the purposes
of and
in connexion with his employer's trade or
business:
Provided
that-
(a) the employer shall not be liable under this Act in respect of any injury which does not incapacitate the workman for a period of at least three consecutive days from earning full wages at the work at which he was employed;
(b) if it is proved that the injury to a workman is attributable to the serious and wilful misconduct of that workman, any compensation claimed in respect of that injury shall be disallowed:
Provided
that where the injury results in death or serious and permanent incapacity, the
court on consideration of all the circumstances
may award the compensation
provided for by this Act or such part thereof as it shall think
fit.
(2) No compensation shall be
payable under this Act in respect of any incapacity or death resulting from a
deliberate self-injury.
(3) No
compensation shall be payable under this Act in respect of any incapacity or
death resulting from personal injury, if the workman
has at any time represented
in writing to the employer that he was not suffering or had not previously
suffered from that or a similar
injury, knowing that the representation was
false.
Compensation in fatal cases
6.
Where death results from the injury-
(a) if the workman leaves any dependants wholly dependent on his earnings, the amount of compensation shall be a sum equal to two hundred and eight weeks' earnings:
Provided that in any case the compensation shall not be less than four thousand five hundred dollars not more than twelve thousand dollars; but where in respect of the same accident compensation has been paid under the provisions of section 7 or 8 there shall be deducted from the sum payable under this paragraph any sum so paid as compensation; (Substituted by 27 of 1975, s. 4)
(b) if the workman does not leave any dependants wholly dependent on his earnings, but leaves any dependants in part so dependent, the amount of compensation shall be such sum, not exceeding in any case the amount payable under paragraph (a), as may be determined by the court to be reasonable and proportionate to the injury to such dependants;
(c) if the workman leaves no dependants an amount of two hundred and ten dollars shall be paid by the employer to the person by whom the funeral expenses of the deceased workman are incurred.
(Substituted by 27 of 1975, s. 4)
Compensation in the case of permanent total incapacity
7.-(1)
Where permanent total incapacity results from the injury, the amount of
compensation shall be a sum equal to two hundred and
sixty weeks'
earnings:
Provided that in no case
shall the amount of compensation in respect of permanent total incapacity be
greater than sixteen thousand
dollars nor less than three thousand dollars.
(Amended by 27 of
1975, s. 5)
(2) Notwithstanding the provisions of subsection (1), where an injury results in permanent total incapacity of such a nature that the injured workman must have the constant help of another person as certified by a medical practitioner, additional compensation shall be paid amounting to one-quarter of the amount which is otherwise payable under this section.
Compensation in the case of permanent partial incapacity
8.-(1)
Where permanent partial incapacity results from the injury the amount of
compensation shall be-
(a) in the case of an injury specified in the Schedule, such percentage of two hundred and sixty weeks' earnings as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and
(b) in the case of an injury not specified in the Schedule, such percentage of two hundred and sixty weeks' earnings as is proportionate to the loss of earning capacity permanently caused by the injury:
Provided
that in no case shall the amount of compensation in respect of permanent partial
incapacity be greater than twelve thousand
dollars nor less than such percentage
of one thousand five hundred dollars as represents the loss of earning capacity
arrived at
in accordance with paragraph
(a)
or paragraph
(b).
(Amended
by 27 of 1975, s. 6)
(2) Where
more injuries than one are caused by the same accident, the amount of
compensation payable under the provisions of this
section shall be aggregated
but not so in any case as to exceed the amount which would have been payable if
permanent total incapacity
had resulted from the injuries.
Compensation in the case of temporary incapacity
9.-(1)
Where temporary incapacity, whether total or partial, results from the injury,
the compensation shall be the periodical payments
hereinafter mentioned, payable
at such intervals as may be agreed upon or as the court may order, or a lump sum
calculated accordingly
having regard to the probable duration and probable
changes in the degree of the incapacity. Such periodical payments shall be a
weekly payment of two thirds of the weekly earnings which the workman was
earning at the time of the accident or is capable of earning
in some employment
or business after the
accident:
Provided
that-
(a) neither the aggregate of the periodical payments nor the lump sum payable under the provisions of this subsection shall exceed the lump sum which would be payable in respect of the same degree of incapacity under the provisions of sections 7 or 8 as the case may be, if the incapacity were permanent;
(b) the period covered by hospitalization or absence from duty certified necessary by a medical practitioner shall be regarded as a period of temporary total incapacity irrespective of the outcome of the injury and any period subsequent thereto but preceding final assessment of disability shall be regarded as a period of temporary partial incapacity both periods being continuous with each other, variations in payments notwithstanding, and the maximum duration of periodical payments under this section shall not exceed two hundred and sixty weeks;
(c) in the event of either death, permanent partial incapacity or permanent total incapacity, following after temporary incapacity, no deduction shall be made from the lump sum payable under the provisions of sections 6, 7 or 8 by reason of periodical payments or a lump sum payment having been made under this section.
(Substituted by 27 of 1975, s. 7.)
(2) (a) In fixing the lump sum or periodical payments payable under subsection (1), a deduction shall be made of the value of any payment, allowance or benefit, including the value of any food, fuel or quarters, which the workman may receive from the employer during the period of incapacity:
Provided that the amount payable after such deduction shall not, if a periodical payment, be less than a weekly payment of two thirds of the basic wage which the workman was earning at the time of the accident or is capable of earning in some suitable employment or business after the accident, or shall not, if a lump sum, be less than a sum calculated accordingly having regard to the probable duration and probable changes in the degree of incapacity.
(Proviso substituted by 27 of 1975, s. 7.)
(b) For the purposes of this subsection "basic wage" means the workman's weekly earnings less the value of any food, fuel or quarters received by the workman from the employer or cash received in lieu thereof.
(3)
On the ceasing of the incapacity before the date on which any periodical payment
falls due, there shall be payable in respect
of that period a sum proportionate
to the duration of the incapacity in that period.
(4) Where a workman in receipt of periodical payments under the provisions of this section intends to leave the neighbourhood in which he was employed, for the purpose of residing elsewhere, he shall give notice of such intention to the employer who may agree with the workman for the redemption of such periodical payments by a lump sum, or for the continuance of such periodical payments. If the employer and workman are unable to agree, either party may apply to the court which shall have jurisdiction to order such redemption and to determine the amount to be paid or to order the continuance of the periodical payments:
Provided that any
lump sum so ordered to be paid together with the periodical payments already
made to the workman shall not exceed
the lump sum which would be payable in
respect of the same degree of incapacity under the provisions of sections 7 or
8, as the case
may be, if the incapacity were
permanent.
(5) If a workman in
receipt of periodical payments under the provisions of this section leaves the
neighbourhood in which he was employed,
for the purpose of residing elsewhere,
without giving notice as provided in subsection (4) or having given such notice
leaves the
neighbourhood as aforesaid without having come to an agreement with
his employer for the redemption or continuance of such periodical
payments, or
without having made an application to the court under the provisions of
subsection (4), he shall not be entitled to
any benefits under the provisions of
this Act during or in respect of the period of his absence. If the period of
such absence shall
exceed twenty-six weeks, the workman shall cease to be
entitled to any benefits under the provisions of this Act.
Method of calculating earnings
10.-(1)
For the purposes of this Act, the weekly earnings of a workman shall be computed
in such manner as is best calculated to give
the rate per week at which the
workman was being remunerated at the date of the
accident:
Provided
that-
(a) where by reason of the shortness of the time during which the workman has been in the employment of his employer or the casual nature of the employment, or the terms of his employment, it is impracticable to compute the rate of remuneration in the manner aforementioned, regard may be had to the average weekly amount which, during the twelve months previous to the accident, was being earned by a person of similar earning capacity in the same grade employed at the same work by the same employer, or, if there is no person so employed, by a person of similar earning capacity in the same grade employed in the same class of employment in the same Division;
(b) for the purposes of assessing compensation payable in the case of permanent incapacity or death-
(i) where the workman was, at the date of the accident, under the apparent age of twenty-one years his earnings shall be deemed to be such amount as, had he not met with the accident, he would probably have received upon attaining the age of twenty-one years, or at the end of a period of five years after the accident, whichever calculation is more favourable to the workman;
(ii) where the workman was, at the date of the accident, employed under a contract of apprenticeship or learnership, his earnings shall be deemed to be such amount as, had he not met with the accident, he would probably have received upon the completion of such apprenticeship or learnership; and
(iii) for the purposes of computing the weekly earnings of a casual worker employed as a stevedoring labourer, such worker shall be deemed to have been employed for not less that four full working shifts per week at the usual rate of pay for the work upon which he was employed at the time of the accident.
(2)
For the purposes of subsection (1), employment by the same employer shall be
taken to mean employment by the same employer in
the grade in which the workman
was employed at the time of the accident, uninterrupted by absence from work due
to illness or any
other unavoidable
cause.
(3) Where the workman had
entered into concurrent contracts of service with two or more employers under
which he worked at one time
for one such employer and at another time for
another such employer, his weekly earnings shall be computed as if his earnings
under
all such contracts were earnings in the employment of the employer for
whom he was working at the time of the
accident.
Provided that if the
workman does not disclose to each of his employers at the time of each new
engagement his other earnings under
any concurrent contract his compensation
shall be computed only on the earnings he was receiving from the employer for
whom he was
working at the time of the
accident.
(Section
amended by 27 of 1975, s. 8)
(4)
Upon request of the workman to the employer liable to pay compensation, that
employer shall furnish in writing a list of the earnings
which have been earned
by that workman upon which the amount of the weekly earnings may be calculated
for the purposes of this section.
Persons entitled to compensation
11.-(1)
The compensation shall be payable to or for the benefit of the workman, or,
where death results from the injury, to or for the
benefit of his dependants as
provided by this Act.
(2) Where
there are both total and partial dependants, nothing in this Act shall be
construed as preventing compensation being allotted
partly to the total and
partly to the partial
dependants.
(3) Where a dependant
dies before a claim in respect of death is made under this Act, or, if a claim
has been made, before an order
for the payment of compensation has been made,
the personal representative of the dependant shall have no right to payment of
compensation,
and the claim for compensation shall be dealt with as if that
dependant had died before the workman.
Distribution of compensation
12.-(1)
Compensation payable where the death of a workman has resulted from an injury
shall be paid into court, and the court may order
any sum so paid in to be
apportioned among the dependants of the deceased workman or any of them in such
proportion as the court
thinks fit, or in the discretion of the court, to be
allotted to any one such dependant, and the sum so allotted to any dependant
shall be paid to him or be invested, applied or otherwise dealt with for his
benefit in such manner as the court thinks
fit.
(2) Where, on application
being made to a court, it appears thereto that on account of the variation of
the circumstances of the various
dependants, or for any other sufficient cause,
an order made under this subsection ought to be varied, such court may make such
order
for the variation of the former order as in the circumstances of the case
it may think just.
(3)
Compensation payable under the provisions of section 7 or 8 and lump sums
payable under the provisions of section 9 shall be paid
into court, and the
court may order any sum so paid in to be paid to the person entitled thereto or
to be invested, applied or otherwise
dealt with for his benefit in such manner
as the court thinks fit.
(4)
Nothing in this section shall prevent an employer from making any payment to a
workman pending the settlement or determination
of the claim and the court may
order that the whole or any part of such payments shall be deducted from the
amount of compensation
payable to him under the provisions of this
section.
(5) Any other
compensation payable under this Act may be paid to the workman or into court and
when so paid shall be paid by the court
to the person entitled
thereto.
(6) The receipt of the
clerk of the court shall be a sufficient discharge in respect of any amount paid
to the court under the provisions
of this
Act.
(7) Any order or directions
of the court made under the provisions of this section shall be
final.
Requirements as to notice of accident and application for compensation
13.
Proceedings for the recovery under this Act of compensation for an injury shall
not be maintainable unless notice of the accident
has been given by or on behalf
of the workman as soon as practicable after the happening thereof and before the
workman has voluntarily
left the employment in which he was injured, and unless
the claim for compensation with respect to such accident has been made within
twelve months from the occurrence of the accident causing the injury or, in the
case of death, within twelve months from the time
of
death:
Provided
that-
(a) the want of, or any defect or inaccuracy in, such notice shall not be a bar to the maintenance of such proceedings if it is proved that the employer had personal knowledge of the accident or had been given notice of the accident from any other source at or about the time of the accident, or if it is found in the proceedings for settling the claim that the employer is not, or would not, if a notice or an amended notice were then given and the hearing postponed, be prejudiced in his defence by the want, defect or inaccuracy, or that such want, defect or inaccuracy was occasioned by mistake or other reasonable cause;
(b) the failure to make a claim for compensation within the period above specified shall not be a bar to the maintenance of such proceedings if it is proved that-
(i) the failure was occasioned by mistake or other good cause; or
(ii) the employer failed to comply with the provisions of subsection (1) or (2) of section 14,
so, however, that no proceedings for the recovery of compensation shall be maintainable unless the claim for compensation is made within a period of six years from the date of the accident.
(Amended by 27 of 1975, s. 9)
Employer to report the injury to, or death of, a workman and method of notification
14.-(1) Notice of an accident, causing injury to a workman of such a nature as would entitle him to compensation under the provisions of this Act shall be given in the prescribed form to the Permanent Secretary by the employer of such workman as soon as practicable, but in any event not later than fourteen days, after the happening thereof.
(Amended by 27 of 1975, s. 10)
(2) When the death of a workman from any cause whatsoever is brought to the notice of, or comes to the knowledge of his employer, the employer shall, within one week thereafter, give notice thereof in the prescribed form to the Permanent Secretary. Such notice shall state the circumstances of the death of the workman if they are known to the employer.
(3) Any employer
who, without reasonable cause, fails to comply with the provisions of
subsections (1) and (2) shall be guilty of
an offence and shall be liable on
conviction to a fine not exceeding one hundred
dollars.
(4) Nothing contained in
this section shall prevent any person from making a claim for compensation under
this Act.
Medical examination and treatment
15.-(1)
Where a workman has given notice of an accident, the employer shall, as soon as
reasonably possible after the date on which notice
has been given, arrange to
have him medically examined free of charge to the workman, by a medical
practitioner named by the employer
and any workman who is in receipt periodical
payments under section
9,
shall submit himself for such medical examination from time to time, as may be
required by the employer.
(2) The
workman shall, when required, attend upon such medical practitioner at the time
and place notified to the workman by the employer
or such medical practitioner,
provided such time and place are
reasonable.
(3) In the event of
the workman being, in the opinion of any medical practitioner, unable or not in
a fit state to attend on the medical
practitioner named by the employer, that
fact shall be notified to the employer, and the medical practitioner so named
shall fix
a reasonable time and place for a person examination of the workman
and shall send him notice
accordingly.
(4) If the workman
fails to submit himself for such examination, his right to compensation shall be
suspended until such examination
has taken place; and if such failure extends
for a period of fifteen days from the date when the workman was required to
submit himself
for examination under the provisions of subsections (2) or (3),
as the case may be, no compensation shall be payable, unless the
court is
satisfied that there was reasonable cause for such
failure.
(5) A workman shall be
entitled to have his own medical practitioner present at such examination at his
own expense.
(6) During the period
of temporary incapacity, the employer shall arrange to submit the workman for
normal medical treatment by a
medical practitioner approved by the employer at
the expense of the employer. Such normal medical treatment shall include any
specialist
treatment which the medical practitioner may advise the workman to
undergo.
(7) If the workman has
failed to submit himself for treatment by a medical practitioner when so
required under the provisions of this
section, or having submitted himself for
such treatment has disregarded the instructions of such medical practitioner
then, if it
is proved that such failure or disregard was unreasonable in the
circumstances of the case and that the injury has been aggravated
thereby, the
injury and resulting incapacity shall be deemed to be of the same nature and
duration as they might reasonably have
been expected to be if the workman had
submitted himself for treatment by, and duly carried out the instructions of,
such medical
practitioner, and compensation, if any, shall be payable
accordingly.
(8) Where under the
provisions of subsection (4) a right of compensation is suspended, no
compensation shall be payable in respect
of the period of
suspension.
(9) Notwithstanding
the previous provisions of this section, where a claim for compensation is made
in respect of the death of a workman,
then if the workman failed to submit
himself to examination by a medical practitioner when so required under the
provisions of this
section or failed to submit himself for treatment by a
medical practitioner when so required under the provisions of this section
or
having submitted himself for such treatment disregarded the instructions of such
medical practitioner, and if it is proved that
such failure or disregard was
unreasonable in the circumstances of the case, and that the death of the workman
was caused thereby,
the death shall not be deemed to have resulted from the
injury, and no compensation shall be payable in respect of the
injury.
Agreement as to compensation
16.-(1)
The employer and workman may, with the approval of the Permanent Secretary or a
person appointed by him, in writing, in that
behalf, after the injury in respect
of which the claim to compensation has arisen, agree, in writing, as to the
compensation to be
paid by the employer. Such agreement shall be in triplicate,
one copy to be kept by the employer, one copy to be kept by the workman,
and one
copy to be retained by the Permanent
Secretary:
Provided
that-
(a) the compensation agreed upon shall not be less than the amount payable under the provisions of this Act; and
(b) where the workman is unable to read and understand writing in the language in which the agreement is expressed the agreement shall not be binding against him unless it is endorsed by a certificate of a district officer or a person appointed by the district officer or Permanent Secretary, in writing, in that behalf, to the effect that he read over and explained to the workman the terms thereof and that the workman appeared fully to understand and approve of the agreement.
(2)
Any agreement made under the provisions of subsection (1) may, on application to
the court, be made an order of the
court.
(3) Where the compensation
has been agreed the court may, notwithstanding that the agreement has been made
an order of the court under
the provisions of subsection (2), on application by
any party within three months after the date of the agreement, cancel it and
make such order (including an order as to any sum already paid under the
agreement) as in the circumstances the court may think just,
if it is
proved-
(a) that the sum paid or to be paid was or is not in accordance with the provisions of subsection (1);
(b) that the agreement was entered into in ignorance of, or under a mistake as to, the true nature of the injury; or
(c) that the agreement was obtained by such fraud, undue influence, misrepresentation or other improper means as would, in law, be sufficient ground for avoiding it.
(4)
All agreements made under this section shall be exempt from the payment of stamp
duty.
Determination of claims
17.-(1)
Subject to the provisions of section 13, if an employer to whom notice of the
accident has been given under the provisions of
that section does
not-
(a) within twenty-one days after the receipt of the notice agree in writing with the workman as to the amount of compensation to be paid in respect of temporary incapacity; or
(b) within twenty-one days after the receipt of a claim from the workman for the payment of compensation in respect of permanent incapacity, agree in writing with the workman as to the amount of such compensation; or
(c) within twenty-one days after the receipt of a claim on behalf of a dependant of a deceased workman for payment of compensation in respect of death, agree in writing with the claimant as to the amount of such compensation,
(Inserted by 27 of 1975, s. 11)
the
workman may, in the prescribed form and manner, make an application for
enforcing his claim to compensation to the court having
jurisdiction in the
Division in which the accident giving rise to the claim occurred.
(2) All claims for
compensation under the provisions of this Act, unless determined by agreement,
and any matter arising out of proceedings
thereunder shall be determined by the
court whatever may be the amount involved and the court may, for that purpose,
call upon any
person to give evidence, if the court is of opinion that such
person is, by virtue of his expert knowledge, able to assist the
court.
Review
18.-(1)
Any periodical payment payable under the provisions of this Act either under
agreement between the parties or under an order
of the court, may be reviewed by
the court, on the application either of the employer or of the
workman.
(2) Any periodical
payment may, on review under this section, subject to the provisions of this
Act, be continued, increased, diminished,
converted to a lump sum or ended. If
the accident is found to have resulted in permanent incapacity, the periodical
payment shall
be converted to the lump sum to which the workman is entitled
under the provisions of section
7
or
8,
as the case may be, and such lump sum shall be dealt with in accordance with the
provisions of subsection (2) of section
12.
(3)
Where application is made by an employer under the provisions of this section
for any periodical payment to be ended or diminished,
and the application is
supported by the certificate of a medical practitioner, the employer may pay
into court the periodical payment,
or so much thereof as is equal to the amount
by which he contends that the periodical payment should be diminished, to abide
the
decision of the court made on review under this
section.
(4) In making a review
under the provisions of this section the court shall have regard only to the
capacity for work of the workman
as affected by the accident.
Limitation of power of employer to end or decrease periodical payments
19.
Subject to the provisions of subsection (5) of section
9,
subsection (4) of section
15
and subsection (3) of section
18,
an employer shall not be entitled, otherwise than in pursuance of an agreement
or an order of the court-
(a) to end periodical payments except-
(i) where a workman resumes work and his earnings are not less than the earnings which he was obtaining before the accident; or
(ii) where the medical practitioner who examined the workman under the provisions of section 15 has certified the workman as being wholly recovered; or
(iii) where a workman dies;
(b) to diminish periodical payments except that where the earnings of a workman in receipt of periodical payments, together with such payments, exceed the amount of his earnings at the date of the accident, the employer may diminish the payments to such workman by an amount equal to such excess.
Jurisdiction of the court
20.-(1)
Save as is provided in this Act the court shall, upon or in connexion with any
question to be investigated or determined thereunder,
have all the powers and
jurisdiction exercisable by a court of a resident magistrate in or in connexion
with civil actions in such
court and the law, rules and practice relating to
such civil actions and to the enforcement of judgments and orders of the court
shall mutatis
mutandis
apply.
(2) Where in any
proceedings under the provisions of this Act on a claim for compensation in
respect of the death of a workman, the
court is satisfied that other or
sufficient evidence as to the dependency on the deceased workman of a person
claiming to be a dependant
residing outside the Division in which the
proceedings are being taken, or as to the degree of such dependency, cannot be
procured,
or cannot be procured without undue hardship to the claimant or other
party to the proceedings, a statement as to the dependency
and as to the degree
of dependency of the claimant, signed by a district officer assigned to the
Division in which the claimant resides,
whether within Fiji or within any other
territory, shall be prima facie proof of the facts stated therein, and the
signature of such
district officer shall be admitted without proof unless the
court has reason to doubt the genuineness
thereof.
(3) If in such
proceedings any evidence is adduced which in the opinion of the court traverses
the facts set out in such a statement,
or if for any other reason the court
thinks fit, the court may request a court having jurisdiction in the Division in
which a person
claiming to be a dependant resides, to investigate the fact of
the dependency and the degree of the dependency of such person. The
record of
any such investigation including the finding of the court thereon shall be
receivable as evidence in the proceedings, and
a certificate signed by a
magistrate or an officer of the court which has conducted the investigation
shall be sufficient proof of
such record and such signature shall be admitted
without proof unless the court has reason to doubt the genuineness
thereof.
(4) Where a request is
received by a court from any other court, whether within Fiji or within any
other territory, for an investigation
of any matter arising out of proceedings
for compensation instituted in such other court under the provisions of this
Act, or, if
the other court is in another territory, under a law relating to
workmen's compensation, the court shall have jurisdiction to conduct
such
investigation, and shall transmit to such other court the record of such
investigation, including its findings thereof, duly
certified by the magistrate
or by an officer of the court.
(5)
For the purposes of this section the expression "territory" means any British
colony or British protectorate or any territory
in respect of which a
trusteeship agreement has been entered into by Her Majesty.
Power of the court to submit questions of law
21.
The court may, if it thinks fit, submit any question of law for the decision of
a judge of the Supreme Court. Such submission shall
be in the form of a special
case in accordance with rules made under the provisions of this
Act.
Appeals
22.-(1)
Subject to the provisions of this section, or of section
12,
or of subsection (2) of section
33,
an appeal shall lie to the Supreme Court from any order of the
court.
(2) Except with the leave
of the court or of the Supreme Court (which shall not be granted unless in the
opinion of such court some
substantial question of law is involved in the
appeal) no appeal shall lie if the amount in dispute is less than two hundred
dollars.
(3) No appeal shall lie
in any case in which the parties have agreed to abide by the decision of the
court, or in which the order
of the court gives effect to an agreement come to
by the parties.
(4) No appeal
shall lie after the expiration of thirty days from the date of the order of the
court:
Provided that the Supreme
Court may, if it thinks fit, extend the time for appealing under the provisions
of this section notwithstanding
that the time for appealing has
elapsed.
Liability in case of workmen employed by contractors
23.-(1)
Where any person (in this section referred to as the principal), in the course
of or for the purposes of his trade or business,
contracts with any other person
otherwise than as a tributer (which other person is in this section referred to
as the contractor)
for the execution by or under the contractor of the whole or
any part of any work undertaken by the principal, the principal shall
be liable
to pay to any workman employed in the execution of the work any compensation
under the provisions of this Act which he
would have been liable to pay if that
workman had been immediately employed by him; and where compensation is claimed
from or proceedings
are taken against the principal, then, in the application of
this Act, references to the principal shall be substituted for references
to the
employer, except that the amount of compensation shall be calculated with
reference to the earnings of the workman under the
employer by whom he is
immediately employed.
(2) Where
the principal is liable to pay compensation under the provisions of this
section, he shall be entitled to be indemnified
by any person who would have
been liable to pay compensation to the workman, independently of this
section.
(3) Where a claim or
application for compensation is made under the provisions of this section
against a principal, the principal
shall give notice thereof to the contractor
who shall thereupon be entitled to intervene in any application made against the
principal.
(4) Nothing in this
section shall be construed as preventing a workman recovering compensation under
the provisions of this Act from
the contractor instead of the
principal.
(5) This section shall
not apply in any case where the accident occurred elsewhere than on, or in, or
about premises on which the
principal has undertaken to execute the work or
which are otherwise under his control or management.
Remedies against both employer and stranger
24.-(1)
Where the injury in respect of which compensation is payable under the
provisions of this Act was caused under circumstances
creating a legal liability
in some person other than the employer to pay damages in respect thereof, the
workman may take proceedings
both against that person to recover damages and
against any person liable to pay compensation under the provisions of this Act
for
such compensation:
Provided
that-
(a) on being awarded such damages as aforesaid, the person against whom such damages are awarded, or the workman, may be ordered by any court to pay to the employer-
(i) where such damages do not exceed the amount of compensation, including costs, ordered to be paid by the employer to the workman, the amount of such damages; or
(ii) where the amount of damages awarded against such person exceeds the amount of such compensation, the amount of such compensation;
(b) if the workman has recovered compensation under the provisions of this Act the person by whom the compensation was paid, and any person who has been called on to pay an indemnity under the provisions of section 23 relating to liability in the case of workmen employed by contractors, may be ordered to be indemnified as regards the amount of compensation, including costs, by the person so liable to pay damages as aforesaid.
(2)
A court on the application of any person specified in subsection (1) or any
court awarding compensation or damages, with or without
the application of any
such person, may make such order as to it seems just to ensure that the workman
does not receive both compensation
and damages in respect of the same accident
and to implement the provisions of subsection (1).
Proceedings independently of this Act
25.-(1)
Where the injury was caused by the personal negligence or wilful act of the
employer or of some other person for whose act or
default the employer is
responsible, nothing in this Act shall prevent proceedings to recover damages
being instituted against the
employer in a civil court independently of this
Act:
Provided that-
(a) a judgment in such proceedings whether for or against the employer shall be a bar to proceedings at the suit of any person by whom, or on whose behalf, such proceedings were taken, in respect of the same injury under this Act;
(b) a judgment in proceedings under this Act whether for or against the employer shall be a bar to proceedings at the suit of any person by whom, or on whose behalf, such proceedings were taken, in respect of the same injury independently of this Act;
(c) an agreement come to between the employer and the workman under the provisions of subsection (1) of section 16 shall be a bar to proceedings by the workman in respect of the same injury independently of this Act.
(2)
If in proceedings independently of this Act or on appeal it is determined that
the employer is not liable under such proceedings,
the court in which such
proceedings are taken or the appellate tribunal shall, if the plaintiff so
chooses, proceed to determine
whether compensation under this Act is liable to
be paid to the plaintiff and shall assess the amount of compensation so payable,
but may deduct from such compensation any extra costs which in the opinion of
the court or appellate tribunal have been incurred
by the employer by reason of
the proceedings have been taken independently of this Act.
Minister may by order require employers to insure
26.-(1)
The Minister may, by order published in the Gazette, require any employer or
class of employers to insure and keep himself or
themselves insured, with such
insurers as may be approved by the Minister and published in the Gazette, in
respect of any liability
which he or they may incur under the provisions of this
Act to any workmen employed by him or them.
(2) Where the Minister has made any order under the provisions of subsection (1) he may exempt any employer to whom such order applies from the provisions thereof who provides and maintains in force a security which complies with the requirements of subsection (3) and any exemption so granted shall continue in force only so long as such security continues in force.
(3) For the purposes of subsection (2), a security shall consist of an undertaking by a surety approved by the Minister to make good, subject to any conditions specified therein and up to an amount approved by the Minister any failure by the employer to discharge any liability which he may incur under the provisions of this Act to any workmen employed by him.
(4) Any employer who acts in contravention of any order made under the provisions of subsection (1) shall be liable on conviction therefor to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment, and, if the contravention in respect of which he was so convicted is continued after the conviction, he shall be guilty of a further offence and liable in respect thereof to a fine not exceeding ten dollars for each day on which the contravention continues.
Provision as to cases of bankruptcy of employer
27.-(1)
Where any employer has entered into a contract with any insurers in respect of
any liability under this Act, to any workman,
then, in the event of the employer
becoming bankrupt, or making a composition or arrangement with his creditors or,
if the employer
is a company, in the event of the company having commenced to be
wound up or a receiver or manager of the company's business or undertaking
having been duly appointed, the rights of the employer against the insurers as
respects the liability shall, notwithstanding anything
contained in any laws
relating to bankruptcy and the winding-up of companies for the time being in
force, be transferred to and vest
in the workman, and upon any such transfer the
insurers shall have the same rights and remedies and be subject to the same
liabilities
as if they were the employer:
Provided that the insurers shall not be under any greater liability to the workman than they would have been under to the employer.
(2) If the liability of the insurers to the workman is less than the liability of the employer to the workman, the workman may prove for the balance in the bankruptcy or liquidation, or, as the case may be, he may recover the balance from the receiver or manager.
(3) There shall
be included among the debts which-
(a) under the provisions of section 35 of the Bankruptcy Act are in the distribution of the property or assets of a bankrupt, to be paid in priority to all other debts; and
(Cap. 48.)
(b) under the provisions of section 260 of the Companies Act are in the winding-up of a company, to be paid in priority to all debts,
(Cap. 247.)
the
amount due in respect of any compensation or liability for compensation accrued
before the following dates, that is to say:-
(i) in the first case the date of the receiving order; and
(ii) in the second case the date of commencement of the winding-up of the company.
Where
the compensation is a periodical payment, the amount due in respect thereof
shall, for the purposes of this provision, be taken
to be the amount of the lump
sum for which the periodical payment could, if redeemable, be redeemed if the
employer made an application
for that purpose under the provisions of this
Act.
(4) Where the bankrupt or
company in liquidation has entered into such a contract with insurers as is
referred to in subsection (1),
the provisions of subsection (3) shall not apply
in respect of the liability of the employer to the workman or that part thereof
which is met by the insurers.
Application to persons employed on ships
28.-(1)
This Act shall apply to masters, seamen and apprentices to the sea service,
provided that such persons are workmen within the
meaning and are members of the
crew of any ship registered in Fiji or of any other British ship or vessel of
which the owner, or
(if there is more than one owner) the managing owner, or
manager resides or has his principal place of business in Fiji, subject
to the
following modifications:-
(a) the notice of accident and the claim for compensation may, except where the person injured is the master, be given to the master of the ship as if he were the employer, but where the accident happened and the incapacity commenced on board the ship it shall not be necessary to give any notice of the accident;
(b) in the case of the death of the master, seaman or apprentice, the application for compensation shall be made within three months after news of the death has been received by the claimant;
(c) whenever in the course of any legal proceeding under this Act the testimony of any witness is required in relation to the subject matter of the proceeding, then, upon due proof that the witness cannot be found in Fiji, any deposition which the witness may have previously made on oath in relation to the same subject matter before any justice or magistrate in any country or territory of the Commonwealth or in any place where Her Majesty exercises jurisdiction or before any British consular officer or proconsul elsewhere and which, if the proceeding had been under the Merchant Shipping Act, 1894 of the United Kingdom, would have been admissible in such proceeding by virtue of sections 691 and 695 of that Act, shall be admissible in evidence subject to similar conditions as are laid down in the said sections 691 and 695;
(Amended by 37 of 1966, s. 101)
(d) in case of the death of a master, seaman or apprentice leaving no dependants, no compensation shall be payable, if the owner of the ship is under the Merchant Shipping Act, 1894 of the United Kingdom liable to pay expenses of burial;
(e) the periodical payment shall not be payable in respect of the period during which the owner of the ship is, under any law in force for the time being in Fiji relating to merchant shipping, liable to defray the expenses of maintenance of the injured master, seaman or apprentice.
(2) This Act shall not apply to such members of the crew of a fishing vessel as are remunerated wholly or mainly by shares in the profits or the gross earnings of the working of such vessel, except in such cases and subject to such modifications as the Minister may by order provide.
(3)
This Act shall also apply to any person not being a master, seaman or apprentice
to the sea service, employed on board any such
ship as is mentioned in this
section, if he is so employed for the purposes of the ship or of any passengers
or cargo or mails carried
by the ship and if he is otherwise a workman within
the meaning of this Act.
(4) In
this section unless the context otherwise requires-
"ship", "vessel", "master", "seaman" and "port" shall have the same meaning as in the Merchant Shipping Act, 1894 of the United Kingdom;
"manager" in relation to a ship means the ship's husband or other person to whom the management of the ship is entrusted by or on behalf of the owner.
Procedure where workmen's earnings do not exceed a prescribed amount per week
29.-(1)
Notwithstanding anything contained in this Act, where the workman's earnings do
not exceed such amount per week as may be prescribed,
the following provisions
shall apply and, in the case of conflict or inconsistency shall prevail over any
other provisions of this
Act but any such provisions as are not inconsistent
shall also apply in relation to such workman-
(a) any compensation shall be paid by the employer to an officer and the officer shall pay any such sum, in the case of disablement, to the workman entitled to receive it and in the case of the death of the workman the provisions of subsection (1) of section 12 shall apply;
(Amended by 7 of 1966, s. 37)
(b) the form and manner in which payments shall be made by an officer under the provisions of paragraph (a) shall be in the discretion of the officer subject to any general or special directions of the Permanent Secretary;
(c) any notices required under the provisions of this Act, to be served by a workman may be served by an officer; and
(d) the receipt of an officer shall be a sufficient discharge in respect of any amount paid to him under the provisions of this Act.
(2) In this section "officer" means the Permanent Secretary, the labour officer of the Division in which the accident occurs, or, where there is no such officer, a district officer assigned to such Division in which the accident occurs or such other person as the Permanent Secretary may appoint in writing, to be an officer for the purposes of this section.
Contracting out
30.
Any contract or agreement whether made before or after the commencement of this
Act, whereby a workman relinquishes any right or
compensation from an employer
for injury arising out of and in the course of his employment, shall be null and
void in so far as
it purports to remove or reduce the liability of any person to
pay compensation under the provisions of this Act.
Compensation not to be assigned, charged or attached
31.
Compensation payable under the provisions of this Act shall not be capable of
being assigned, charged or attached, and shall not
pass to any other person by
operation of law nor shall any claim be set off against such
compensation.
PART III-MEDICAL AID
Medical expenses
32.-(1)
The employer shall defray the reasonable expenses incurred by a workman within
Fiji, or, with the approval of the Permanent
Secretary for Health, outside Fiji,
as the result of an accident which would entitle the workman to compensation
under the provisions
of this Act-
(a) in respect of medical, surgical and hospital treatment, skilled nursing services and the supply of medicines to an amount not exceeding twelve hundred dollars in all; and
(b) in respect of the supply, and subject to the approval of a medical practitioner, the maintenance, repairs and renewal of any artificial appliances or apparatus for a period of up to five years dating from the time of the accident to an amount not exceeding six hundred dollars in all; and
(c) in respect of reasonable transport charges, not exceeding in all the sum of five hundred dollars, incurred in the transfer of a workman to and from a place where the necessary treatment is available, so, however, that such transfer shall be certified to be necessary by the medical practitioner in charge of the case.
(Amended by 27 of 1975, s. 12)
(2)
The court may, when determining any dispute in respect of compensation or upon
the application of any interested person, order
the payment of any of the
expenses referred to in this section to the persons entitled to receive it, and
if such expenses exceed
the amount provided in paragraph
(a)
of subsection (1), the court may apportion the amount available in such manner
as the court may deem expedient.
Decisions of court in regard to treatment and medical reports
33.-(1)
All disputes as to the necessity for, or the character or sufficiency of, any
medical aid provided or to be provided under this
Part shall be determined by
the court.
(2) Any decision of the
court given under subsection (1) shall be final.
Fees for medical aid to be prescribed
34.
The fees and charges for medical aid to workmen within Fiji shall be in
accordance with such scale as may be prescribed, and no
claim for an amount in
excess of a fee or charge in accordance with that scale shall lie against any
workman or his employer in respect
of any such medical aid.
PART IV-OCCUPATIONAL DISEASES
Compensation in respect of diseases
35.-(1)
Where a medical practitioner grants a certificate-
(a) that a workman is suffering from a prescribed disease causing disablement or that the death of a workman was caused by any prescribed disease; and
(b) that such disease was due to the nature of the workman's employment and was contracted within the twenty-four months previous to the date of such disablement or death,
the
workman or, if he is deceased, his dependants shall be entitled to claim
compensation under this Act as if such disablement or
death had been caused by
an accident, and the provisions of this Act shall, subject to the provisions of
this Part, mutatis
mutandis, apply unless at the time of
entering into the employment the workman wilfully and falsely represented, in
writing, to the employer
in reply to a specific question that he had not
previously suffered from the
disease:
Provided that in no event
shall the workman or his dependants be entitled to compensation in respect of
any causation or aggravation
of the disease which was due to employment outside
Fiji, except in respect of a workman belonging to Fiji, employed outside Fiji
by
his employer within Fiji.
(2) If
on the hearing of an application for compensation in terms of subsection (1),
the court is satisfied on the evidence that the
allegations in the certificate
are correct, the workman or his dependants, as the case may be, shall be
entitled to compensation
under this Act as if the contracting of the disease
were an injury by accident arising out of and in the course of the workman's
employment.
Liability to pay compensation
36.-(1)
Compensation shall be payable by the employer who last employed the workman
during the period of twenty-four months referred
to in section
35
unless that employer proves that the
disease was not contracted while the workman was in such
employment.
(2) The workman or his
dependants, if so required, shall furnish to the employer from whom compensation
is claimed such information
as he or they may possess as to the names and
addresses of all other employers who during the said twenty-four months employed
the
workman in the occupation to the nature of which the disease is
due.
(3) If the employer alleges
that the disease was in fact contracted while the workman was in the employment
of some other employer
and not while in his employment, he may join such other
employer as a party to the proceedings and, if the allegation is proved that
other employer shall be the employer from whom the compensation is to be
recoverable.
(4) If the disease is
of such a nature as to be contracted by a gradual process, any other employers
who during the said twenty-four
months employed the workman in the occupation to
the nature of which disease is due shall be liable to make to the employer from
whom compensation is recoverable such contributions as in default of agreement
may be settled by civil suit or by consent of the
parties, by arbitration under
the provisions of the Arbitration
Act.
(Cap.
38.)
(Amended by
37 of 1966, s. 101)
Fixing
a date from which time is to
run,
indicating
requirements as to the giving of notice and defining earnings
37.-(1)
In the application of the provisions of this Act to disablement or death caused
by a prescribed disease, references to the date
of the occurrence of the
accident shall be construed as meaning-
(a) in the case of a disease causing disablement, the date of the certificate referred to in section 35; and
(b) in the case of death from a disease, the date of death of the workman.
(2)
The provisions of sections 13 and
17
shall apply in respect of the recovery of compensation under this Part as they
apply in respect of the recovery of compensation for
an injury resulting from an
accident.
(3) Compensation under
this Part shall be calculated with reference to the earnings of the workman
under the employer from whom the
compensation is recoverable and the weekly
earnings of the workman shall be computed in such manner as is best calculated
to give
the rate per week at which the workman was being remunerated at the date
of the grant of the certificate referred to in section
35:
Provided
that-
(a) if the workman was not so employed, the earnings shall be computed in such manner as is best calculated to give the rate per week at which the workman was being remunerated when he was last employed by the employer from whom compensation is recoverable;
(b) where by reason of the shortness of the time during which the workman has been in the employment of such employer or the casual nature of his employment, or the terms of his employment, it is impracticable to compute the rate of remuneration in the manner aforementioned, regard may be had to the average weekly amount which, during the last twelve months of his employment with such employer, was being earned by a person of similar earning capacity in the same grade employed at the same work by the same employer, or, if there is no person so employed, by a person of similar earning capacity in the same grade employed in the same class of employment and in the same district; and
(c) for the purpose of assessing the compensation payable in cases of permanent incapacity or death-
(i) where the workman was, at the date of the grant of the certificate, under the apparent age of twenty-one years, his earnings, shall be deemed to be such amount as, had he not contracted the disease, he would probably have received upon attaining the age of twenty-one years or at the end of a period of five years after the date of the grant of the certificate, which ever calculation is more favourable to the workman; and
(ii) where the workman was, at the date of the grant of the certificate, employed under a contract of apprenticeship or learnership, his earnings shall be deemed to be such amount as, had he not contracted the disease, he would probably have received upon the completion of his apprenticeship or learnership.
(Amended by 27 of 1975, s. 13)
Presumption as to cause of disease
38.
If a workman who becomes disabled by or dies of any prescribed disease, was
within the period of twenty-four months immediately
preceding such disablement
or death employed in any prescribed employment, it shall be presumed, unless or
until the contrary is
proved, that the disease was due to the nature of such
employment.
Saving right of workman to proceed against previous employer
39.
Nothing in this Part shall be construed as preventing compensation being
recovered from any employer who employed the workman during
the twenty-four
months referred to in section 35, if the employer who last employed the workman
during that period proves that the
disease was not contracted while the workman
was in his employment, in which case the provisions of subsection (3) of section
36
shall apply.
Compensation to include medical aid
40.
For the purposes of this Part compensation shall include medical aid within the
meaning of Part III.
Diseases and occupations may be prescribed
41.
The Minister may, for the purposes of this Part prescribe by regulation any
disease or occupation:
Provided
that the intention to make any such regulation, specifying the contents thereof,
shall be published in the Gazette at least
one month before the making and any
person wishing to do so, may make his objection in writing to the Minister
within one month of
such publication.
PART V-GENERAL
Regulations
42.-(1)
The Minister may make regulations for the purpose of giving better effect to the
purposes and provisions of this Act, and without
prejudice to the generality of
the foregoing power may make regulations-
(a) prescribing procedure, forms and fees;
(b) prescribing anything which is to be or may be prescribed under this Act; and
(c) requiring employers and insurers carrying on in Fiji the business of insuring employers against their liabilities under this Act to make periodic or other returns as to such matters as he may think fit, and prescribing a time limit for the making of such returns.
(2)
Any person required to make a return by virtue of any regulation made under
subsection (1) who-
(a) fails to make such return within the time which he is required to make it;
(b) makes or causes to be made a return which he knows to be false in any material particular; or
(c) on being so required fails to give any information or explanation respecting the return which it is in his power to give,
shall
be guilty of an offence and shall be liable, on conviction therefor, to a fine
not exceeding fifty dollars, and, if the contravention
in respect of which he
was so convicted is continued after the conviction, he shall be guilty of a
further offence and liable in
respect thereof to a fine not exceeding ten
dollars for each day on which the contravention
continues.
(3) Where a person
convicted of an offence under this section is a company, the chairman and every
director and every officer of the
company shall be guilty of a like offence
unless he proves that the act or omission constituting the offence took place
without his
knowledge or consent.
Regulations as to transfer of funds
43.-(1)
Where an arrangement has been made, whereby sums awarded under the law relating
to workmen's compensation in Fiji to beneficiaries
resident or becoming resident
in Great Britain or in any country or territory of the Commonwealth and sums
awarded under the law
relating to workmen's compensation in Great Britain or in
such country or territory of the Commonwealth to beneficiaries resident
or
becoming resident in Fiji may, at the request of the authority by which the
award is made, be transferred to and administered
by a competent authority in
Great Britain or in such other country or territory of the Commonwealth or in
Fiji, as the case may be,
the Minister may make regulations-
(a) for the transfer, in such manner as may be provided by the arrangement, to Great Britain or that country or territory of the Commonwealth with which the arrangement is made, of any money in the disposition of the court, applicable for the benefit of any person resident in or about to reside in Great Britain or such country or territory of the Commonwealth; and
(b) for the receipt and administration, by an officer appointed by the Minister for such purpose, of any money which under any such arrangement has been transmitted from Great Britain or the country or territory of the Commonwealth with which the arrangement has been made as money applicable for the benefit of any person resident or about to reside in Fiji.
(2)
For the purposes of this section "country or territory of the Commonwealth"
includes British protectorates and protected states
and territories in respect
of which a trusteeship agreement has been entered into by Her
Majesty.
(Section
amended by 37 of 1966, s. 101)
SCHEDULE
(Section
8)
(Substituted by
27 of 1975, s. 14)
Percentage
of Incapacity
Loss of two limbs
...........................................................
)
Loss of both feet
............................................................
)
Loss of both hands or of all fingers
and thumbs .................. )
Total
loss of sight ...........................................................
)
Total
paralysis................................................................
)
Injuries resulting in being
bedridden permanently .................... )
100
Any other injury causing permanent
total disablement .......... )
Loss of
remaining eye by one-eyed workman ......................
)
Loss of remaining arm by one-armed
workman .................... )
Loss of
remaining leg by one-legged workman .....................
)
Very severe facial
disfigurement.........................................
)
Loss of arm at shoulder
......................................................
90
Loss of arm between elbow and
shoulder .............................
80
Loss of arm at
elbow..........................................................
70
Loss of arm between wrist and
elbow...................................
65
Loss of hand at wrist
..........................................................
60
Loss of four fingers and thumb or
one hand ..........................
60
Loss of four fingers
............................................................
35
Loss of
thumb-
both phalanges
...........................................................
35
one
phalanx................................................................
12
the pulp of the thumb
..................................................
6
Loss of index
finger-
three
phalanges............................................................
10
two phalanges
.............................................................
8
one
phalanx.................................................................
4
pulp of an index finger
..................................................
2
Loss of middle
finger-
three
phalanges............................................................
10
two phalanges
...............................................................
8
one
phalanx...................................................................
4
pulp of a little finger
.......................................................
2
Loss of ring
finger-
three
phalanges................................................................
10
two phalanges
................................................................
8
one
phalanx..................................................................... 4
pulp of a ring
finger..........................................................
2
Loss of little
finger-
three
phalanges..................................................................
10
two phalanges
...................................................................
8
one
phalanx........................................................................
4
pulp of a little finger
...........................................................
2
Loss of
metacarpals-
first or second
(additional)....................................................
3
third, fourth or fifth
(additional).............................................
2
Loss of leg above knee resulting in
a stump less than 6 inches long ....
90
Loss of leg above knee resulting in
a stump more than 6 inches long ...
70
Loss of leg below knee
..................................................................
45
Loss of foot
..................................................................................
40
Loss of
toes-
all of one
foot.........................................................................
15
great, both phalanges
..............................................................
8
great, one phalanx
..................................................................
4
other than great, each part with
some loss of bone ......................
1
Loss of
eye-
eye
out.........................................................................................
40
Loss of sight of eye
........................................................................
40
Loss of lens of eye
.........................................................................
30
Loss of sight of, except perception
of light .......................................
40
Loss of
hearing-
both
ears.................................................................................
70
one ear
..................................................................................
30
Total loss of natural Permanent
Teeth-
(1) Anterior
Teeth-
Loss of 1, 2 or 3 teeth
.........................................................
4
Loss of 4, 5 or 6 teeth
.........................................................
5
Loss of 7 to 12 teeth
...........................................................
6
(2) Paterior
Teeth-
Loss of 1 tooth
...................................................................
1
Loss of 2 to 5 teeth
.............................................................
2
Loss of 6 to 16 teeth
...........................................................
4
Total permanent loss of use of
member shall be treated as loss of
member.
2. The percentage of
incapacity for ankylosis of any joint shall be reckoned as from twenty-five to
one hundred per cent of the incapacity
for loss of the part at that joint,
according to whether the joint is ankylosed in a favourable or unfavourable
position.
Where there is a loss of
two or more parts of the hand, the percentage of incapacity shall not be more
than for the whole hand.
Where
there are two or more injuries, the sum of the percentages for such injuries may
be increased, and where such injuries are to
the hand, the following basis of
computing the increase shall be adopted, namely:-
(a) where two digits have been injured, the sum total of the percentages shall be increased by twenty per cent of such sum total;
(b) where three digits have been injured, the sum total of the percentages shall be increased by thirty per cent of such sum total;
(c) where four digits have been injured, the sum total of the percentages shall be increased by forty per cent of such sum total.
A
one-eyed workman who on entering employment has failed to disclose the fact that
he is one-eyed, to his employer, shall, if he loses
his remaining eye, be
entitled to compensation in respect of a degree of disablement or forty per cent
only.
For the purpose of this
Schedule a "one-eyed workman" means a workman who has lost the sight of one
eye.
Controlled by Ministry for Labour Industrial Relations and Immigration
_________________
SUBSIDIARY LEGISLATION
CHAPTER
94
WORKMEN'S
COMPENSATION
SECTION
41-WORKMEN'S COMPENSATION
(OCCUPATIONAL
DISEASES)
REGULATIONS
Regulations
23rd Nov.,
1964
[in force 1st
April, 1965]
Made by the Governor in Council
Short title
1. These Regulations may
be cited as the Workmen's Compensation (Occupational Diseases)
Regulations.
Prescribed diseases and occupations
2. The diseases and
occupations set out opposite each other in the Schedule shall be prescribed
diseases and occupations for the purposes
of Part IV of the Act.
_______
SCHEDULE
Description
of Disease or Nature of Occupation
Injury
Any occupation
involving-
1. Poisoning by lead
.......................... The use or handling of, or exposure to the fumes,
dust or vapour of, lead or a compound
of lead, or a substance containing
lead.
2. Poisoning by manganese
................... The use or handling of, or exposure to the fumes, dust or
vapour of, manganese of a
compound of manganese, or a substance containing
manganese.
3. Poisoning by
phosphorus ................. The use or handling of, or exposure to the fumes,
dust or vapour of, phosphorus or a
compound of phosphorus, or a substance
containing phosphorus
4. Poisoning
by arsenic ...................... The use or handling of, or exposure to the
fumes, dust or vapour of, arsenic or a compound
of arsenic, or a substance
containing arsenic.
5. Poisoning
by mercury .................. The use or handling of, or exposure to the fumes,
dust or vapour of, mercury or a compound
of mercury, or a substance containing
mercury.
6. Poisoning by carbon
bisulphide ......... The use or handling of, or exposure to the fumes, or vapour
of, carbon bisulphide, or
a compound of carbon bisulphide, or a substance
containing carbon bisulphide.
7.
Poisoning by benzine or a homologue ........ The use or handling of, or exposure
to the fumes of, or vapour containing benzene,
or any of its
homologues.
8. Poisoning by a
nitro-derivative of benzene, homologue of benzene ........... The use or
handling of, or exposure to the or of a
fumes of, or vapour containing, a
nitro-oramido-derivative of benzene, or of a homologue of
benzene.
9. Poisoning by
dinitrophenol or a homologue .................. The use or handling of, or
exposure to the fumes of, or vapour containing,
di-nitrophenol, or any of its
homologues.
10. Poisoning by
tetrachlorethane .......................... The use or handling of, or exposure
to the fumes of, or vapour containing
tetrachlorethane.
11. Poisoning by
tri-cresyl phosphate ........................... The use or handling of, or
exposure to the fumes of, or vapour containing
tri-cresyl
phosphate.
12. Poisoning by
tri-phenylphosphate ........................... The use or handling of, or
exposure to the fumes of, or vapour containing,
tri-phenylphosphate.
13. Poisoning
by diethylene dioxide(dioxan) ..................... The use or handling of, or
exposure to the fumes of, or vapour containing,
diethylene dioxide
(dioxan).
14. Poisoning by methyl
bromide ........................ The use or handling of, or exposure to the
fumes of, or vapour containing,
methyl-bromide.
15. Poisoning by
chlorinated napthalene (excluding the condition known as chloracne)
.............. The use or handling of, or exposure
to the fumes of, or vapour or
dust containing chlorinated
napthalene.
16. Poisoning by
nickel carbonyl .............. Exposure to nickel carbonyl
gas.
17. Poisoning by nitrous
fumes ................ The use or handling of nitric acid or exposure to nitrous
fumes.
18. Poisoning by Gonioma
kamassi (African box-wood) ....... The manipulation of Gonioma kamassi or any
process in or incidental to
the manufacture of articles
therefrom.
19. Anthrax
...................... The handling of wool, hair, bristles, hides or skins or
other animal products or residues, or contact
with animals infected with
anthrax.
20. Glanders
....................... Contact with equine animals or their
carcases
21. Infection by
leptospiraictero - haemorrhagiae - Work in rat-infested
places.
22. (a)
Ulceration of the corneal surface of the eye.
(b) Localized new growth of the skin, paillomatous or keratotic.
(c) Epitheliomatous cancer or ulceration of the skin, due in any case to tar, pitch, bitumen, mineral oil (including paraffin), soot or any compound, product, or residue of any of these substances.
The
use or handling of, or exposure to, tar, pitch, bitumen, mineral oil (including
paraffin), soot or any compound, product or residue
of any of these
substances.
23. (a)
Chrome ulceration
(b) Inflammation or ulceration of the skin or of the mucous membrane of the upper respiratory passages or mouth produced by dust, liquid or vapour (including the condition known as chloracne but excluding chrome ulceration)
The
use or handling of chromic acid, chromate or bichromate ol ammonium, potassium,
sodium, or zinc, or any preparation or solution
containing any of these
substances. Exposure to dust, liquid or
vapour.
24. Inflammation,
ulceration or malignant disease of skin or subcutaneous tissues or of the bones,
or leukaemia, or anaemia of the
aplastic type, due to X-rays, ionizing
particles, radium or other radio-active substance; or inflammation of the skin
due to other
forms of radiant
energy
25. Cataract produced by
exposure to the glare of, or rays from, molten glass or molten or red-hot
metal.
Any occupation
involving-
Exposure to X-rays, ionizing particles, radium or other radio-active substance or other forms of radiant energy.
Frequent or prolonged exposure to the glare of, or rays from molten glass or molten or rerihfit metal
26.
Compressed air illness .......... Subjection to compressed
air
27. Subcutaneous cellulitis
hand (Beat hand) .................. Manual labour causing severe or prolonged
friction or pressure on
the
hand.
28. Subcutaneous cellulitis
or acute bursitis arising at or about the knee (Beat knee) ........... Manual
labour causing severe or
prolonged friction or pressure at or about the
knee.
29. Subcutaneous cellulitis
or acute bursitis arising at or about the elbow (Beat elbow) ...............
Manual labour causing severe
or prolonged friction or pressure at or about the
elbow.
30. Inflammation of the
synovial lining of the wrist joint and tendon sheaths ............ Manual
labour, or frequent or repeated
movement of the hand or
wrist.
31. Miner's nystagmus
......... Work in or about a
mine.
32. Poisoning by beryllium
..... The use or handling of, or exposure to the fumes, dust or vapour of,
beryllium or a substance containing
beryllium.
33. (a)
Carcinoma of the mucous membrane of the nose or associated air
sinus
(b) Primary carcinoma of a bronchus or of a lung
Any
occupation in a factory where nickel is produced by decomposition of a gaseous
nickel compound which involves work in or about
a building or buildings where
that process or any other industrial process ancillary or incidental thereto is
carried out.
34. Tuberculosis
..................... Any occupation involving close and frequent contact with a
source or sources of tuberculosis
infection by reason of
employment-
(a) in the medical treatment or nursing of a person or persons suffering from tuberculosis or in a service ancillary to such treatment or nursing;
(b) in attendance upon a person or persons suffering from tuberculosis, where the need for such attendance arises by reason of physical or mental infirmity;
(c) as a research worker engaged in research in connection with tuberculosis;
(d) as a laboratory worker, pathologist or post-mortem worker, where the occupation involves working with material which is a source of tuberculosis infection or in any occupation ancillary to such employment.
35.
Primary neoplasm of the epithelial lining of the urinary bladder (Papilloma of
the bladder) ....................
(a) work in a building in which any one of the following substances is produced for commercial purposes:-
(i) alpha-napthylamine, beta napthylamine or benzidine or any of their salts;
(ii) auramine or magenta;
(b) the use or handling of any of the substances mentioned in (i) above, or work in a process in which any such substance is used or handled or liberated;
(c) the maintenance or cleaning or any plant or machinery used in any such process in paragraph (b) or the cleaning of clothing used in any such building as is mentioned in paragraph (a) if such clothing is cleaned within the works of which the building forms a part or in a laundry maintained and used solely in connection with such works.
36.
Poisoning by cadmium ............... Any occupation involving exposure to
cadmium fumes.
_____________________
SECTION 42-WORKMEN'S COMPENSATION REGULATIONS
Regulations
31 August 1964 [in force 1 April
1965].
Legal
Notices Nos. 34 of 1968, 77 of 1973, 108 of 1976, 62 of 1982.
Short title
1. These Regulations may
be cited as the Workmen's Compensation
Regulations.
Fees and charges
2. The fees and charges
payable for the forms of medical aid described in the second column of the First
Schedule to workmen in Fiji
required to be prescribed under the provisions of
section 34 of the Act, shall be-
(a) where any such aid is rendered by any officer in the service of the Government, the fees shall be those prescribed under the Public Hospitals and Dispensaries Regulations;
(b) where any such aid is rendered by a private practitioner, the fees and charges specified in relation to such aid in the third column of the First Schedule:
Provided
that where, in the case of any form of such aid, a fee or charge is specified in
the First Schedule as a maximum fee or charge,
such a fee or charge as is
reasonable in the circumstances of the case shall be payable, not exceeding the
specified maximum fee
or charge.
Notice of accident
3. The notice of an
accident causing injury to, or the death of, a workman required by section 14 of
the Act to be given by an employer
shall be in the form set out in the Second
Schedule.
Claim for compensation
4. Where a workman has
suffered an accident as a result whereof he has been injured or has died and
thereby he or his dependants becomes
or become entitled to claim compensation
under the provisions of the Act, he or his dependants (as the case may be), or
some person
on his or their behalf, shall make any such claim in accordance with
the form set out in the Third Schedule.
Prescribed amount
5. The prescribed amount
for the purposes of subsection (1) of section 29 of the Act shall be $150 per
week.
(Amended by
Legal Notices 34 of 1968, 77 of 1973, 62 of 1982.)
FIRST
SCHEDULE
SCALE OF
FEES AND CHARGES FOR MEDICAL AID
1 Visit of patient to
doctor .......................................
1-00
2 Visit of doctor to patient
.....................................................
2-00
The fees for items I and 2 shall
not be additional to
the fees
prescribed in item 3 in so far as the
doctor
consulted is
concerned.
3 Consultation between
doctors .............................................
4-00
The fees prescribed for item 3
shall be payable only to
the doctor
consulted, the consulting doctor being paid
as
for a
visit.
4 Treatment of simple
wounds (not requiring suture of
tendons
or nerves or ligature of large
vessels) and simple burns.........
1-50
per attendance with a maximum
charge of
......................4-00
5.
Treatment of abscess-
(a) Superficial ..................... 2-00
(b) Deep ..................................... 12-00
6
Treatment of infections of the
hand-
(a)
Pulp infection...............................................
4-00
(b)
Suppuration in tendon sheath .....................
16-00
(c)
Suppuration (Primary or Secondary) of the
mid-
palmar or forearm space
...................................
20-00
(d)
Deep forearm suppuration following
(a),
(b)
or
(c)
above ...........................................................
40-00
When any two or more of the
conditions mentioned in
this item
result, the fee for the final condition only shall
be
payable.
7
Removal of foreign bodies (other than from the eye)-
(a) Superficial foreign bodies not requiring incision......
(b) Superficial foreign bodies requiring incision .........
8
Treatment of
fractures-
Simple-
(a) Bones of the hand and foot except of cali
(b) Rib or ribs..........................
(c) Clavicle............................
9
Treatment of
dislocations-
Simple-
(a) Phalanges.................................................. 10-00
(b) Metacarpal or Metatarsal ......................... 15-00
(c) Shoulder.................................................... 15-00
(d) Clavicle (either end) ................................. 21-00
10
Treatment of joint injuries (other than
dislocations)-
Aspiration of joint
..................................
4-00
11
Amputations-
Finger or
toe.......................................
8-00
12 Paracentasis of chest
..................................
4-00
13 Eye-
(a) Examination per visit, including ordinary treatment .... 2-00
(b) Removal of superficial foreign body ............................. 2-00
14
Ear, Nose and Throat-
(a) Examination, per visit, including ordinary treatment - As for items 1 and 2
(b) Paracentesis of ear-
(i) One ear .................................. 12-00
(ii) Two ears ................................. 16-00
(c) Maxillary antrum: Proof puncture......... 8-00
15
Drugs and dressings-
Where drugs or
dressings are necessarily and
actually
supplied by the attending
practitioner, 10 per cent may be
added
where the total fee payable in respect of
services
rendered or visits made to a
workman exceeds $4 except in
the case
of fracture, where 20 per cent may be
added.
16 Vaccine and
Sera-
Where, in the course of the
treatment of any injury or
scheduled
disease, it is necessary to administer vaccines
or
sera, the net cost thereof may be
added to any fees payable
under this
Schedule.
17
Travelling-
A fee of 20c for each mile
travelled shall be allowed to
a
medical practitioner called upon to
travel to a place more
than three
miles from his surgery. No fee shall be
payable
where the place visited is not
more than three miles from
the
surgery.
18 Attention subsequent
to item for which fee is
prescribed-
The cost of all necessary
attentions subsequent to
any
operation, in respect of which a
fee has been prescribed in
this
Schedule of a period of six weeks after the
operation
shall be regarded as being
included in such fee.
19 Where a
fee for any service is prescribed herein, the
medical
practitioner shall not be
entitled to payment calculated on
a
basis of visits or examinations made where
such
calculation would result in the
prescribed fee
being
exceeded.
L.D.
FORM/C/I
SECOND SCHEDULE
WORKMEN'S
COMPENSATION ACT
(Substituted by
Regulations 6th August, 1976)
NOTICE
BY EMPLOYER OF ACCIDENT CAUSING
INJURY/DEATH
TO A
WORKMAN OR DEATH OF A WORKMAN FROM
ANY
CAUSE
WHATSOEVER
(SECTION 14-REGULATION 3)
PART I
1.
EMPLOYER-
(i) Name
...........................................................
(ii)
Address.........................................................
(iii)
Industry or
Business...............................................
(iv)
Name and address of Insurance Company, if insured against accident
to
workmen
.......................................................
2.
WORKMAN-
(i) Name .
................................. .. s/o.
.................
(ii)
Sex............................................
(iii)
Age....................
(iv)
Occupation (avoid the term "labourer" where
possible)
(v) Residential
Address
3. ACCIDENT/DEATH FROM ANY
CAUSE WHATSOEVER-
(i) Date and hour
....................................................
(ii)
Place............................................................
(iii)
Description of accident/death including a clear statement of exactly
what
the workman was doing at the time
of the accident/death
.................................
4.
AGENCY OF ACCIDENT-
(Put X against
appropriate Agency)
D Electricity Q
Person falling
D Fire, Hot Substances
Q Handling material
D Power-driven
Machinery D Hand tools in use
D Flying
Pieces Q Vehicles in motion
D Stepping
on or striking against objects D
Animals
D Objects falling Q Other
causes (state what below)
5
INJURY-
(i) Nature of injury (Put X
against appropriate classification)
D
Fractured or crushed limbs D
Concussion
D Bruises, abrasions,
contusions D Traumatic amputation
D
Cuts, lacerations D Asphyxiation,
gassing
D Punctures D
Poisoning
D Sprains, strains D
Sepsis
D Dislocations D
Dermatitis
D Foreign bodies D Not
otherwise classified
D Burns, scalds
(state nature)
Name of hospital or
medical practitioner treating the injured
workman
(ii) Action
taken
(iii) Location of injury
(Put X against appropriate location of
injury)
Head Trunk Hand Leg
Toe
Eye Arm Fingers Foot
Elsewhere
6. GROSS WEEKLY EARNINGS
AT THE DATE OF
THE
ACCIDENT-
Gross
cash wage
.........................................
Value
of
rations..........................................
Value
of
housing.........................................
Value
of
fuel............................................
Overtime
payment or other special remuneration for work
done,
whether by way of bonus or
otherwise, if of constant
character,
and for work habitually
performed..........................
Total
gross earnings per
week
Date
Signature
of Employer.
*"* Notes-(1) In the
case of injury to a workman involving incapacity for work for three or more
consecutive days, it is requested
that the employer complete Part I in
quadruplicate and then despatch it immediately as
under:-
Original-To the Permanent
Secretary for Labour, Suva.
Duplicate,
Triplicate, and Quadruplicate-To the medical practitioner attending or examining
the injured workman.
(2) In the
case of an accident causing the death of a workman or death resulting from any
cause whatsoever, Part I should be completed
in quadruplicate and then
despatched as in (1) above.
The
submission of this notice does not itself constitute a liability to pay
compensation.
PART
II
(For use by the medical
practitioner' attending or
examining
the injured
workman)
Date admitted to hospital
....................
In-patient
No.............................................
Attendance
as out-patient from
.............
Out-patient
No............................................
Nature
of Injury
.........................................
Discharged
to
..................................
*
Permanent incapacity ........................................... per
cent.
* Temporary incapacity-Likely
duration of absence from work (from date
of
accident)........................................
days/weeks/months.
Is a further
examination required before final assessment of permanent
incapacity
can be given?
...............................................
If
so,
when..............................................................
Date............
.........................................
Medical
Practitioner.
Note-It is requested
that this part be completed by the medical practitioner in triplicate, the form
then being despatched as under:-
One copy to the employer
One copy to the Permanent Secretary for Labour, Suva
One copy to be retained by the Medical Practitioner
PART
III
(For use of Permanent Secretary
for Labour)
Compensation *is/is not
being claimed on behalf of the *workman/dependants of the deceased
workman.
District and Accident
Register No.
.........................................
Station
.................................................................
Date..........
...........................................
Secretary
for Labour.
* Delete as
necessary
L.D.
FORM/C/2
THIRD SCHEDULE
NOTICE OF CLAIM BY OR ON BEHALF OF A WORKMAN
To
.................................:.......................................
Address
................................................................
NOTICE
IS HEREBY GIVEN that (2)
......................................
of......................................................................
on
theQ .................................. day of................
,19....,
at(*)..................................................
met with an accident
causing his
injury/death ................................................. and that
the
cause of the injury/death was
(............................................
AND
NOTICE IS ALSO GIVEN that in consequence thereof compensation is claimed from
you under the Workmen's Compensation
Act.
Dated this
................................... day of. ...........................
19....,
.....................................................................
Insert
at-
(') Name and address of
employer.
(') Full name, address and
identity particulars of workman.
(')
Date of accident.
(') Place of
accident.
(') Whether disablement or
death.
(') State in plain and ordinary
terms the cause of the injury or
death.
(") Signature and address of
person giving notice.
__________________________
SECTION
42-WORKMEN'S COMPENSATION (RULES
OF
COURT)
REGULATIONS
Regulations
7th Dec., 1964
[in
force 1st April, 1965.], 6th Aug., 1976.
Made by the Governor in Council
Short title
1. These Regulations may
be cited as the Workmen's Compensation (Rules of Court)
Regulations.
Interpretation
2. In these
Regulations-
"the Act" means the Workmen's Compensation Act.
Forms
3. The forms contained in
the First Schedule shall, where applicable be used in matters or proceedings
under the Act, with such variations
and modifications as the circumstances may
require.
Court to assist parties
4. The court shall, upon
request-
(a) give information as to matters of form or procedure to any party to any proceedings under the Act and supply to any such party, who is not legally represented, any form required by these Regulations for use in matters or proceedings before a court;
(b) fill in and make copies of any necessary forms whenever a party, who is not legally represented, is unable to do so owing to illiteracy, blindness, or other physical cause;
(c) issue all necessary process.
Address for service
5.-(1) The first document,
lodged by a party with the court, shall bear such party's full name and such
address as will enable service
of notices and documents to be effected on him
either by delivery or through the
post.
(2) Any change of address
shall forthwith be notified by the party making such change, to the court and to
the other party or parties
to the
proceedings.
(3) Any address
lodged by a party, in pursuance of paragraph (1), shall remain an address for
service of such party from the date
of lodging until forty-eight hours after any
change thereof has been notified as prescribed in paragraph (2).
Marking of documents
6. The court shall mark,
with a number, the first document lodged with the court by an applicant, and any
document lodged subsequently
by any party in relation to that application shall
first be marked with the same number by the party lodging it and, unless so
marked,
may be refused by the court.
Records to be kept separate
7. The court shall file
under their respective numbers and keep separate the records of all applications
made under the Act.
Application Record Book
8. The court shall keep a
book, to be called the "Application Record Book", which shall be in the form and
contain the particulars
set out in the Form No. 12 in the First
Schedule.
Return of determination
9. The court shall, within
two weeks after the end of March, June, September and December in each year,
furnish to the Permanent Secretary
a return of all determinations made by the
court during the preceding three months, and shall state in such return the
nature of
each application, the names of the applicant and the respondent, and
the order made.
Service of documents
10. Service of
applications, answers, orders, notices and other documents which, by the Act or
the regulations made thereunder, are
required to be served on any person who
resides in Fiji, or who has an address for service in Fiji or who has authorised
a person
resident in Fiji to accept service on his behalf shall be effected in
accordance with the rules relating to service in proceedings
in magistrates'
courts.
Application for determination
11.-(1) A workman or an
employer, who desires the determination of any question arising out of an
accident in which compensation is
or might be claimed, shall lodge with the
court a written application in the prescribed form accompanied by particulars
containing-
(a) a concise statement of the circumstances under which the application is made and the relief or order which the applicant claims, or the question which he desires to have determined; and
(b) the full name and address of the applicant, and the name to have determined; and
(2)
If the application be made by an employer, it shall be accompanied by a
statement whether he admits his liability to pay compensation
or denies such
liability, and whether the admission or denial is total or partial, and if he
admits or denies liability partially,
a statement of the extent to which he
admits or denies liability. In the case of a denial of liability, the grounds
shall be stated.
Service of copy application and notice
12. As soon as an
application, together with the accompanying particulars and statements herein
prescribed, has been lodged, the court
shall cause a copy thereof to be served
upon the respondent, together with a notice informing the respondent that he
must lodge with
the court such an answer as is prescribed in regulation 13,
within the period therein prescribed, and that in default of his complying
with
such notice or in default of his appearing at a time and place fixed in the
notice, such order may be made as the court deems
just. Save where liability is
wholly admitted with the written consent of the respondent communicated to the
court, not less than
fourteen clear days shall elapse between the date of the
service of the notice upon the respondent and the date fixed for hearing
the
application.
Answer
13.-(1) If the respondent
intends to oppose an application he shall, within seven days after service of
the notice, or within such
extended period as the court may upon special request
allow, lodge with the court a written answer containing a concise statement
of
the extent and grounds of his opposition and the court shall cause a copy of
such answer to be served upon the
applicant.
(2) Without prejudice
to the provisions of paragraph (1), every written answer lodged with the court
by the respondent shall deny
all such material allegations in the application as
the respondent intends to deny at the hearing. Every allegation of fact, if not
denied specifically or by necessary implication or stated to be not admitted,
shall be taken as established at the
hearing.
(Inserted
by Regulations 6th August, 1976)
Amendment
14. The court may, at any
time before the determination of the question in dispute and upon such terms as
to adjournment or as to
costs as may be deemed just, allow an application, or
any answer thereto, or any particulars or statement accompanying the same,
to be
amended. Any such amendment shall be lodged with the court who shall forthwith
cause it to be served upon the opposite party.
Request for further particulars
15.-(1) The respondent may
not later than seven days after he has received notice of application, or within
such extended period as
the court may upon special request allow, serve on the
applicant a request in writing for further particulars of the grounds upon
which
the application is made, specifying in such request the questions as to which he
desires to have information; and the applicant
may, not later than seven days
after he has received the answer to the application serve on the respondent a
request in writing for
similar particulars of the grounds upon which the
application is opposed.
(2) A copy
of any such request shall forthwith be lodged with the court by the party making
the request, and a copy of any reply thereto
shall forthwith be lodged with the
court by the party making the
reply.
(3) If the party so
requested to furnish particulars fails to do so within seven days from the date
of service of the request aforesaid
and in consequence of such failure it is
necessary to adjourn the hearing of the application, the court may order that
the costs
occasioned by such adjournment shall be paid by the party so in
default. The court may disallow, with costs, any request for particulars
which
appears to the court to be unnecessary or vexatious. The court may award,
against the party making a request for particulars,
the costs of the replies
thereto.
Payment of compensation into court
16.-(1) Any party, from
whom compensation is claimed, may pay into court a sum which is considered by
him to be sufficient to cover
his liability. The court shall thereupon cause
notice of such payment to be served upon the opposite
party.
(2) If no greater
compensation be awarded than the sum of money which the respondent has paid into
court, the court may order that
any costs incurred by such party, after payment
by him into court of the said sum of money, shall be paid by the
applicant.
Parties to lodge copies with court
17. Every party shall
lodge with the court such copies of documents as are required to be served, by
the court, on the other party
to the application or to be sent to
him.
Intervention by contractor
18.-(1) Where a principal
has given notice to a contractor of a claim or application for compensation made
against the principal,
and the contractor desires to intervene, he shall within
seven days of the service of such notice upon him, lodge with the court
a notice
that he so intervenes and shall forthwith serve copies of such notice of
intervention upon the applicant and principal.
The contractor shall thereupon be
entitled to make copies of the application and of any other document then lodged
with the court
in connexion with the
application.
(2) A contractor, who
has so lodged with the court notice that he intervenes, shall lodge an answer to
the application containing
a concise statement of the extent and grounds of his
opposition, within seven days after lodging with the court of the said notice
of
intervention or within such further time as the court may on application
allow.
Contractor not disputing liability, deemed to admit validity of order
19. If any person served
with a notice as a contractor desires to dispute the claim of the applicant or
his own liability to the principal,
he shall appear before the court, and in
default of his so doing shall be deemed to admit the validity of an order made
against the
principal, whether such order is made by consent or otherwise, and
his own liability to indemnify the principal to the extent claimed
in the notice
served on him by the principal.
Court may order interested person to be joined
20. The court may, at any
stage of the proceedings, upon request made to it in writing or of its own
motion, order that any person
appearing to be interested be joined in the
proceedings and either as an applicant or respondent as the court may
direct.
Application where workman deceased
21. An application to
determine what sum is payable in respect of medical aid to or funeral expenses
of a deceased workman who leaves
no dependants, shall be made by the personal
representative, if any, of the deceased workman, or, if there be no such
personal representative,
or he fails to make such application, by any person to
whom any such expenses are due. In the latter case any other person known
to the
applicant to be a person to whom any such expenses are due shall be joined in
the application either as applicant or as respondent.
Submission of case to judge
22.-(1) When a court
submits any question of law for the decision of a judge of the Supreme Court,
the case shall be divided into
paragraphs numbered consecutively, and shall
state concisely such facts and refer to such documents as may be necessary to
enable
the judge to decide the question of law raised
thereby.
(2) The case shall be
signed and sent to the Chief Registrar of the Supreme Court, who shall forthwith
transmit the same to a judge,
who shall appoint a day, hour and place for
hearing the case.
(3) The Chief
Registrar shall forthwith cause due notice of the day, the hour and place
appointed for hearing the case to be given
to the parties; such notice shall not
be less than fourteen clear days before the date of the hearing, unless the
judge shall, with
the consent of all parties, fix an earlier
day.
(4) Any party shall be
entitled, on payment of the prescribed fees, to obtain from the Chief Registrar
a copy of the case.
(5) After
deciding the question submitted to him, the judge shall remit the case with a
memorandum of his decision to the
court.
(6) The judge may remit the
case to the court for restatement or further
statement.
(7) The costs of the
hearing of a case shall be in the discretion of the court and shall form part of
the proceedings before the court.
Infant applicant or respondent
23. A magistrate may for
the purposes of these Regulations, at any time, direct that an infant or any
person appearing to the court
to be an infant shall appear as an applicant or
respondent and shall be bound by the proceedings in the same manner as if he
were
of full age.
Fees
24. The fees payable to
the court in respect of proceedings under the provisions of these Regulations
shall be those set out in the
Second Schedule.
Appeals
25. Appeals under the
provisions of section 22 of the Act shall be made in accordance with the rules
relating to appeals from magistrates
in civil matters and the fees chargeable
shall be the same:
Provided that
no fees shall be payable under the provisions of this regulation by any
workman.
Exemption from payment of costs by workman
26. Notwithstanding
anything contained in these Regulations or in any rules of /T court no costs
shall be paid by a workman in any
proceedings in which such workman's weekly
earnings do not exceed twenty-four
dollars:
(Amended
by Regulations 6th August,
1976.)
Provided that the court
may, if it considers any application made by a workman is frivolous or
vexatious, award costs against such
workman.
FORM No. 1
FIRST
SCHEDULE
WORKMEN'S
COMPENSATION ACT
WORKMEN'S COMPENSATION (RULES OF COURT) REGULATIONS
APPLICATION
BY INJURED WORKMAN WITH RESPECT TO
THE
COMPENSATION PAYABLE TO
HIM
In
the............................Magistrates' Court
at
Case
No................
In the matter of an
Application
between-
...........................,
Applicant,
...........................,
Respondent.
1. On
the......................................... day of...........................
19.........
personal injury by
accident arising out of and in the course of his employment
was
caused
to................................................................................
a workman
employed
by................................................... (or
by................................
.............................a
contractor
with.........................................................
for
the execution of work undertaken by
him).
2. A question has (or
questions have) arisen, (here state the
questions,
specifying only those which
have arisen, e.g.):-
(a) whether the said...................................................... is a workman
to whom the Act applied;
(b) as to the liability of the said.......................................... to pay com-
pensation under the Act in respect of the said injury;
(c) as to the amount of the compensation payable by the said
...........................................to the said......................... under
the Act in respect of the said injury (or as the case may be);
(d) (such other questions as may have arisen).
3.
An application under the Act is hereby made by the
said
............................................
for the determination of the said question (or questions) and for the following
relief
or order (state shortly the relief or order which the applicant
claims).
4. Particulars are hereto
appended (or annexed):-
PARTICULARS
1. Name and address of
applicant
....................................
2.
Name, place of business, and nature of business of respondent
.........
3. Nature of employment
of applicant at time of accident and
whether
employed under respondent or
under a contractor with him.
(If
employed under a contractor who is
not a respondent, name and
place of
business of contractor also to be stated)
..................
4. Date and
place of accident, nature of work on which workman was
then
engaged, and nature of accident
and cause of injury
....................................
5.
Nature of injury to deceased and date of death
.........................................
6.
Particulars of incapacity for work, whether temporary or permanent,
and
if permanent, whether total or
partial, and if temporary,
estimated
duration of
incapacity.....................................................................................
7.
Average weekly earnings of the workman with the employer at the
time
of the accident causing
incapacity or death, or if, by reason of
the
shortness of the time during which
the workman has been in the
employment
of the employer, it is impracticable to compute
the
average weekly earnings, then the
amount which the workman claims
should
be taken as his average earnings and the ground upon
which
the amount is
claimed...................................................................................
8.
Average weekly amount which the applicant is earning or is able to
earn
in some possible employment after
the
accident.........................................
9.
Payment, allowance or benefit received from employer during the
period
of incapacity
.................................................................................................
10.
Amount claimed as
compensation..........................................................
11.
Date of giving of notice of accident to respondent. (A copy of any
notice
in writing, if available, to be
annexed)
...........................
12. If
notice not given, reason for omission to give such notice
.
The names and address(es) of the
applicant (and his barrister and solicitor)
are:-
Of the
applicant:...................................................
Of
the barrister and solicitor:
The
name and address of the respondent to be served with the application
are:..................................................................
Applicant
(or his Barrister and Solicitor)
FORM No. 2
WORKMEN'S COMPENSATION (RULES OF COURT) REGULATIONS
APPLICATION
ON BEHALF OF DEPENDANTS OF DECEASED
WORK-
MAN, WITH RESPECT TO THE
COMPENSATION PAYABLE TO
SUCH
DEPENDANTS WHERE DEATH HAS RESULTED FROM
THE
INJURY TO THE WORKMAN
In the....................
Magistrates' Court at
Case
No...........
In the matter of an
Application
between-
.............................,
Applicant,
and
.............................,
Respondent.
1. On the
................. day of. .................................19.....
personal
injury by accident arising
out of and in the course of his employment was
caused
to...............late
of.........................................
deceased,
a workman employed
by............................................ (or
by
.........................................................a
contractor
with
.....................................
for the execution of work undertaken
by
him), and on the..... day
of.................. 19...... the
death
of the said....................
resulted from the injury.
2. A
question has (or questions have) arisen (here state the
questions,
specifying only those which
have arisen, e.g.):-
(a) whether the said................................................
was a workman to whom the Act applied;
(b) as to the liability of the said ......................................
to pay compensation under the Act to the dependants of the said ....;
(c) as to the amount of compensation payable by the said
..................................... under the Act in respect of
the loss caused to them by the death of the said ........................;
(d) (such other questions as may have arisen).
3.
An application under the Act is hereby made
by........................
.............................................,
the representative of the
said
.................................
deceased, acting on behalf of the
dependants
of the
said................................................. against the
said
....................for the
determination of the said question (or
questions),
and for the following
relief or order (state shortly the relief or order which
the
applicant
claims).
4. Particulars are hereto
appended (or annexed):-
PARTICULARS
1. Name and late address
of deceased workman
........................
2. Name,
place of business, and nature of business of respondent
from
whom compensation is
claimed.................................
3.
Nature of employment of deceased at the time of accident and
whether
employed under respondent or
under a contractor with him.
(If
employed under a contractor who is
not a respondent, name and
place of
business of contractor also to be stated)
..................
4. Date and
place of accident, nature of work on which deceased was
then
engaged, and nature of accident
and cause of injury
...............
5. Nature of
injury to deceased and date of
death
6. Average weekly earnings
of the workman with the employer at the
time
of the accident causing
disablement or death, or if, by reason of
the
shortness of the time during which
the workman has been in the
employment
of the employer, it is impracticable to compute
the
average weekly earnings then the
amount which it is claimed should
be
taken as his average, earnings and the ground upon which
the
amount is
claimed............................................
7.
Amount of weekly payments (if any) made to the deceased under
the
Act........................................................
8.
Name and address of applicant
....................................
9.
Particulars as to dependants of deceased by whom or on whose behalf
the
application is made, giving their
names and addresses, and
descriptions
and occupations (if any), and their relationship to
the
deceased and, if infants, their
respective ages, and staling
whether
they were wholly or partially
dependent on the earnings of
the
deceased at the time of his
death
10. Amount claimed
as-
(a)
compensation..........................................
(b)
funeral
expenses........................................
(c)
expenses of medical
aid..................................
11.
Date of giving of notice of accident to respondent from
whom
compensation is claimed. (A copy
of the notice, if available, to
be
annexed)
...................................................
12.
If notice not given, reason for omission to give same
..................
The names and
addresses of the applicant and his barrister and solicitor
are:
Of the applicant:
.................................................
The
name and address of the respondent to be served with this
application
are:....................................................................
Dated
this. ........................... day of.................
,19.....
Applicant for his
Barrister and Solicitor.
FORM NO. 3
WORKMEN'S COMPENSATION (RULES OF COURT) REGULATIONS
GENERAL APPLICATION
In the....................
Magistrates' Court at
Case
No.....................
In the
matter of an Application
between-
.....................................,
Applicant,
and
......................................,
Respondent.
Application is hereby
made by (1)
.......................................
against
(2)
..........................................................
The
circumstances under which the application is made are shortly as
follows:
The relief or order which
the applicant claims is shortly as follows: (*)
........
The full names and
addresses of the applicant and his barrister and solicitor
are:-
Of the applicant:
....................................................
Of
his barrister and solicitor:
The
name and address of the respondent to be served with this application are:
...................................................................
Dated
this. .......... .day of...................
19.....
Applicant (or his
Barrister and
Solicitor)
Note.-Where the
application is made by an employer, and any question of his liability to pay
compensation is involved, it must be
accompanied by a statement whether he
admits his liability to pay compensation or denies such liability, and whether
the admission
or denial is total or partial and if he admits or denies liability
partially, a statement of the extent to which he admits or denies
liability. In
the case of a denial of liability, the grounds shall be
stated.
(') Name and address of
applicant.
(') Name and address of
respondent.
(') State concisely in
numbered paragraphs in chronological order the circumstances under which the
application is made.
(*) State
concisely the relief or order which the applicant claims.
FORM NO. 4
WORKMEN'S COMPENSATION (RULES OF COURT) REGULATIONS
NOTICE TO RESPONDENT AS TO APPLICATION
In the ............
Magistrates' Court at ...........
Case
No.............
In the matter of
an Application
between-
........................,
Applicant,
and
.......................,
Respondent.
To
of
Take
notice that, if you intend to oppose the application, of which a copy is served
upon you herewith, you must lodge with me, within
seven days after the service
of the notice upon you, a written answer thereto containing a concise statement
of the extent and grounds
of your
opposition.
And further take
notice that the said application has been set down for
hearing
at......... on the..........
day
of........................................
19....,
at......... o'clock in the....................
noon.
And that in default of your
lodging with me within the time aforesaid a written answer as herein required,
or of your appearing at
the said time and place fixed for the hearing of the
application, such order may be made as the court deems
just.
Dated this.
.................. .day of.................
19.....
Magistrate
FORM 5
WORKMEN'S COMPENSATION (RULES OF COURT) REGULATIONS
RESPONDENT'S ANSWER TO NOTICE
In the....................
Magistrates' Court at
Case
No................
In the matter
of an Application between-
To the
Court,
....................,
Applicant,
and
..................,
Respondent.
The respondent intends
to oppose the above
application.
The following is a
concise statement of the extent and grounds of his
opposition:-
Date........................
Place........................
Respondent
(or his Barrister and Solicitor)
FORM No. 6
WORKMEN'S COMPENSATION (RULES OF COURT) REGULATIONS
REQUEST FOR PARTICULARS
In the...................
Magistrates' Court at
Case
No................
In the matter
of an Application
between-
..............................,
Applicant,
and
..............................,
Respondent.
To
Take
notice that you are hereby requested to furnish me with answers in writing to
the following
questions:-
.................................................................
Dated
this .................... day of.................
19.....
......................................................
(')
Name and address of workman, applicant, or respondent to whom request is
made.
(') State shortly and clearly
under consecutive numbers the questions to which answers are
requested.
(') Signature and address
of person making the request.
FORM No. 7
WORKMEN'S COMPENSATION (RULES OF COURT) REGULATIONS
ORDER FOR PERIODICAL PAYMENTS
In
the..................... Magistrates' Court
at
Case
No.............................
In
the matter of an Application
between-
................,
Applicant,
and
..............,
Respondent.
Before
..............................................................
on
the ......... day of
..............................19.....
Upon
hearing the evidence given
by.....................................
and
.................................................. for the applicant
and
........................................................for
the respondent
It is ordered that
(1)
..................................................
do
forthwith pay to (2)
....................................................
at
(3) ...................................................... the costs of
an
application heard on the..........
day of...........................
,19....,
and the sum of
$................................., being the amount now
due
from the said
(*)..........................................................
to
the said (2)
............................................................
in
respect of a liability established at the rate
of...............................
per
week from the.......... day of.................................
19....,
being the date of the injury,
to the date of this order; and do further pay at the
same
place on every
............................................... .day from
the
date of this order until otherwise
ordered, the sum
of..........................
Dated
this. .................. .day of
..........................19.....
Magistrate
(1)
Employer's name and address.
(2)
Workman's name and address.
(3) Place
where payment is to be made.
FORM No. 8
WORKMEN'S COMPENSATION (RULES OF COURT) REGULATIONS
APPLICATION FOR THE REVIEW OF A PERIODICAL PAYMENT
In the
...................... Magistrates' Court
at
Case No.
...........................
In the
matter of an Application
between-
.....................,
Applicant,
and
.....................,
Respondent.
An application is
hereby made
by.......................................
against
.....................................................for the
review
of the order made by the court
on the ...................................
day
of.....................................
,19..... (or the agreement arrived
at
between the said parties on the
........ day of
.............................
19.....),
and for the termination (or increase, decrease or conversion to a
lump
sum as the case may be) of the
periodical payment payable to the said
............
under the said order (or
agreement) in respect of personal injury which arose out
of
and in the course of his
employment,
Particulars are hereto
appended (or annexed):-
PARTICULARS
1. Name and address of
injured workman
2. Name and place
of business of employer by whom compensation is
payable.....................................................
3.
Date and nature of accident, and injury
.............................
4.
Date of order or agreement fixing periodical payment, amount of such payment,
and date from which it
commenced.....................
5.
Relief sought by applicant (whether termination, suspension, increase,
diminution or
conversion).....................................
6.
Grounds on which (termination, suspension, increase, diminution or conversion)
is claimed
........................................
7.
State whether a certificate of a medical practitioner is attached
..........................
The
names and addresses of the applicant and his barrister and solicitor
are:-
Of the applicant:
........................................................
Of
his barrister and solicitor:
..............................................
The
name and address of the respondent to be served with the
application
Dated
this.................... day of.........................
,19...
Applicant (or his Barrister and
Solicitor)
FORM No. 9
WORKMEN'S COMPENSATION (RULES OF COURT) REGULATIONS
ORDER
ON REVIEW OF ORDER/AGREEMENT
FOR
PERIODICAL PAYMENTS
In the....................
Magistrates' Court
at............................
Case
No................
In the matter
of an Application
between-
..............................................................
Applicant,
and
............................................................
Respondent.
Before..............................................................
on.
......... .day, the............... .day of..................
19.....
Upon review of the order
for periodical payment made
....................
on the...........
.day of.
.........................................19.....
(or
the agreement arrived at between the said parties on the ...............
day
of............................
19.....), and upon hearing the evidence
given
by.................................................................
and
.........................................................
for the applicant
and
...................................................for the
respondent.
It is hereby ordered that
the said order/agreement be varied in the
following
manner:-
and
that the costs of the said
..............................................
of
and incidental to this application and order be paid by the
said
to the said
...........................................................
Dated
this................... day of.....................
19......
Magistrate
FORM No. 10
WORKMEN'S COMPENSATION (RULES OF COURT) REGULATIONS
NOTICE BY PRINCIPAL TO CONTRACTOR
In the
...................... Magistrates' Court at
.............
Case
No................
In the matter
of an Application
between-
....................,
Applicant,
and
..................,
Respondent.
Take notice that an
application/a claim for compensation is made
against
................................................................................
by
(3) ..............................................................
who
alleges that the said (*)
.................................................
is
liable to pay him compensation in
respect of an accident which occurred at (')
.....
on the................... day
of..................... 19..... and that
the
said
(2).................................................................
..................................................
claims to be indemnified
by you with
respect to his liability (if any) under the Workmen's
Compensation
Act.
And
further take notice that the said application/claim has been set down
for
hearing on the............ day
of..........................................
19......
at................... o'clock in the...................
noon.
Dated
this.................... day of.....................
19......
...................................
(')
(') Name and address of the
contractor.
(') Name and address of
principal.
(') Name and address of
workman.
(') Name of
principal.
(') Place of
accident.
(') Signature and address of
person giving the notice.
FORM No. 11
WORKMEN'S COMPENSATION (RULES OF COURT) REGULATIONS
NOTICE OF INTERVENTION BY CONTRACTOR
In the
................................... Magistrates' Court at
..............
Case
No...........
In the matter of an
Application
between-
............................,
Applicant,
and
............................,
Respondent.
To the
Court
and to the [applicant] and the
[principal].
Notice is hereby
given by (') ......................................... that he intervenes in
this application for compensation made
by (')
........................................................ against (')
.........................................................
The
said (')·....................................................intends to
oppose the said application.
The
following is a concise statement of the extent and grounds of his
opposition:-......................................................
Dated
this................................. day of
.............................,19.
(')
Name and address of the
contractor.
(') Name of
workman.
(') Name of
principal.
(') Name of the
contractor.
(') Signature and address
of the person giving the notice.
--------------------------------------------------------
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