【法规名称】
【法规编号】 79967 什么是编号？
【正 文】
第5页 CAP 360 PNEUMOCONIOSIS (COMPENSATION) ORDINANCE
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[接上页] Cap 360 s 7 (Repealed 54 of 1993 s. 6) Cap 360 s 8 (Repealed 54 of 1993 s. 6) Cap 360 s 9 (Repealed 54 of 1993 s. 6) Cap 360 s 10 Compensation for incapacity prior to date of diagnosis Where incapacity results from pneumoconiosis, the compensation payable in respect of the period from the earliest diagnosed date to the date of diagnosis shall be a lump sum amount in accordance with Part III of the First Schedule, and such amount shall be payable regardless of the degree of incapacity of the person during that period. (Replaced 54 of 1993 s. 7) Cap 360 s 11 Compensation for constant attention (1) Where the incapacity which results from pneumoconiosis is of such a nature that the person is unable to perform the essential actions of life without the care and attention of another person, in addition to any compensation under the other provisions of this Ordinance, compensation in respect of such care and attention shall by payable under this section. (Amended 54 of 1993 s. 8) (1A) Compensation under this section shall not be payable in respect of any continuous period in excess of 1 month for which a person is receiving medical treatment as an in-patient in a hospital unless the Board in its discretion otherwise directs. (Added 54 of 1993 s. 8) (2) Compensation under this section shall be a monthly amount in accordance with Part IV of the First Schedule. (Amended 54 of 1993 s. 8) Cap 360 s 12 Payment of expenses for medical treatment (1) Subject to this section, a person who suffers from pneumoconiosis and to whom compensation is payable under section 4 shall be entitled to the reasonable expenses of such medical treatment as is reasonably necessary in connection with his pneumoconiosis. (2) Expenses for medical treatment under this section- (a) shall be payable in accordance with Part I of the Second Schedule; (b) shall be payable only in respect of the period subsequent to the date of diagnosis; (c) shall not be payable where the person's employer, if any, provides a reasonable level of medical treatment free of charge to the person. (Replaced 54 of 1993 s. 9) Cap 360 s 12A Payment of expenses for medical appliances (1) Subject to this section, a person who suffers from pneumoconiosis and to whom compensation is payable under section 4 shall be entitled to the reasonable expenses of the use or supply of medical appliances where such use or supply is reasonably necessary in connection with any incapacity arising from the person's pneumoconiosis. (2) Expenses for medical appliances under this section- (a) shall be payable only in respect of medical appliances of a kind specified in Part II of the Second Schedule; (b) shall be payable only in respect of the period subsequent to the date of diagnosis. (Added 54 of 1993 s. 10) Cap 360 s 12B Claims for expenses for medical treatment and medical appliances (1) A person claiming expenses for medical treatment or medical appliances under section 12 or 12A shall serve on the Board a request in writing for the payment of such expenses together with a receipt for the payment for the treatment or appliances. (2) The Board shall determine within 21 days of the receipt of a request made under subsection (1) whether or not the expenses referred to in the request are payable under this Ordinance and shall- (a) in the case of a claim for expenses for medical treatment- (i) pay to the person, on the date that payment of compensation determined under section 15B is next due to that person, such amount as it determines to be payable; and (ii) where the amount so determined is less than the amount specified in the request under subsection (1), inform the person in writing of its determination;(b) in the case of a claim for expenses for medical appliances- (i) inform the person in writing of its determination and the amount of such expenses, if any, that are payable; and (ii) within a further 7 days pay the amount from the Fund to the person.(3) For the purposes of a determination under subsection (2), the Board may refer the person or any relevant material to the Pneumoconiosis Medical Board or a medical practitioner for an opinion as to whether any medical treatment received by the person was reasonably necessary in connection with his pneumoconiosis or whether the use by or supply to the person of any medical appliance was reasonably necessary in connection with incapacity arising as a result of pneumoconiosis. (4) Where a person fails to comply with a requirement of the Board under subsection (3)- (a) the period of 21 days referred to in subsection (2) shall be extended by the period for which such failure to comply continues; and (b) the Board may, in the absence of a reasonable excuse for the person's failure to comply, determine that the person is not eligible for the expenses claimed. (Added 54 of 1993 s. 10) Cap 360 s 13 Common law damages Remarks: Adaptation Amendments retroactively made - see 25 of 1998 s. 2 (1) Nothing in this Ordinance shall diminish or extinguish any right to damages for death or disability resulting from pneumoconiosis. (Amended 54 of 1993 s. 11) |
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