【法规名称】
【法规编号】 79853 什么是编号？
【正 文】
第4页 CAP 469 OCCUPATIONAL DEAFNESS (COMPENSATION) ORDINANCE
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[接上页] (5) Subsection (2)(d) shall only apply to a previous application referred to in that subsection which has been refused by the Board under section 22(1)(a) on or after the commencement of sections 1 to 20 of the amending Ordinance. (Added 5 of 1998 s. 6) (Enacted 1995) Cap 469 s 15 Application for compensation (1) A person who has never been awarded compensation and who wishes to apply for compensation shall apply to the Board in the specified form and shall submit, together with his application, such information about his past and current employment as will satisfy the Board that he fulfils the conditions specified in section 14(2) or, where appropriate, section 48(1)(i). (Amended 5 of 1998 s. 7) (2) Upon confirmation by the Board that a claimant fulfils the conditions specified in section 14(2) or, where appropriate, section 48(1)(i), he shall undergo a hearing test at a hearing test centre or a medical examination or both arranged by the Board under section 16(1). (Replaced 5 of 1998 s. 7) (3)-(6) (Repealed 5 of 1998 s. 7) (Enacted 1995) Cap 469 s 16 Hearing tests, medical examinations and inquiries PART VI ASSESSMENT OF NOISE-INDUCED DEAFNESS AND DETERMINATION OF PERMANENT INCAPACITY (1) The Board may- (a) require a claimant to undergo such hearing tests and medical examinations arranged by the Board as it considers necessary; and (Amended 5 of 1998 s. 8) (b) (Repealed 5 of 1998 s. 8) (c) make such investigations and inquiries into any other matter concerning a claimant's deafness or his occupational history as it considers necessary.(2) Where a claimant undergoes a hearing test or medical examination as arranged by the Board under subsection (1), the person who performs the test or examination shall, as soon as practicable, issue to the Board a report in the specified form. (Amended 5 of 1998 s. 8) (3) The Board may delegate its powers to make investigations and inquiries to such persons as it thinks fit. (4) A person from whom information relevant to an application for compensation is requested by the Board or its delegates under subsection (3) in exercise of its power under subsection (1) shall provide such information which is in his possession or under his control to the Board or its delegates. (5) Any person who, without reasonable excuse, contravenes subsection (4) commits an offence and is liable on conviction to a fine at level 5. (Enacted 1995) Cap 469 s 17 Duty of claimants and failure by claimants (1) Every claimant shall assist the Board or its delegates in making investigations or inquiries under section 16 and shall undergo all hearing tests and medical examinations arranged by the Board under that section. (2) Where a claimant, without reasonable excuse, fails to comply with subsection (1), the Board may determine that the claimant is not entitled to compensation. (Enacted 1995) Cap 469 s 18 Diagnosis and assessment of noise-induced deafness (1) Where a claimant undergoes a medical examination by a designated medical practitioner arranged under section 16, the designated medical practitioner shall- (a) diagnose whether the claimant is suffering from noise-induced deafness; and (b) (where noise-induced deafness is diagnosed) assess the noise-induced deafness suffered by the claimant,and shall include the diagnosis, and assessment if any, in the report under section 16(2). (2) Where the designated medical practitioner performing a medical examination arranged under section 16 is uncertain of- (a) the cause of the claimant's deafness; or (b) the degree of the claimant's noise-induced deafness,he shall report the matter in the report under section 16(2). (Enacted 1995) Cap 469 s 19 Referral to Medical Committee The Board may refer a report referred to in section 16(2) to the Medical Committee for such advice as may be conducive to the Board's determination on the relevant application for compensation. (Enacted 1995. Amended 5 of 1998 s. 9) Cap 469 s 20 Determination of noise-induced deafness and permanent incapacity (1) The Board shall determine the noise-induced deafness suffered by the claimant having regard to the diagnoses and assessments in the report or reports referred to in section 16(2) and the advice of the Medical Committee, where appropriate. (2) The Board shall, on the basis of the noise-induced deafness of a claimant determined under subsection (1) determine, in accordance with Schedule 4, the percentage of permanent incapacity of the claimant which is to be the percentage correlating to the average hearing loss for both the better ear and the worse ear of the claimant. (3) Subject to section 48(2)(c), the Board shall make a determination under subsection (1) or (2) in accordance with this Ordinance as in force on the date of that determination, irrespective of the date of the application under section 15 to which the determination relates. (Added 5 of 1998 s. 10) (Enacted 1995. Amended 5 of 1998 s. 10) Cap 469 s 21 Determination of compensation |
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