【法规名称】
【法规编号】 79977 什么是编号？
【正 文】
第12页 CAP 282 EMPLOYEES' COMPENSATION ORDINANCE
|
[接上页] (2) Any person who- (a) fails or refuses without reasonable excuse to provide any particular required to be provided under this section; or (b) provides any particular which he knows or reasonably ought to know to be false or misleading in any material particular,commits an offence and is liable to a fine at level 5. (Added 52 of 2000 s. 6) Cap 282 s 6G Discharge of liability of employer and his insurer in fatal cases (1) Subject to subsections (2), (3) and (4), the total liability of an employer and his insurer shall not in respect of any one deceased employee exceed the aggregate amount payable under section 6(1) and (5). (2) Where the employer is liable to pay reimbursement of the expenses of the funeral of the employee and the expenses of medical attendance on the employee, the total amount payable for such expenses by the employer and his insurer shall not in any one fatal case for any one deceased employee exceed the aggregate amount payable under section 6(5). (3) Any compensation paid to the employee under sections 10 and 10A prior to his death and any surcharge payable under sections 6C(8), 6D(3), and 6E(9) shall not be taken into account when calculating the aggregate amount of compensation paid or payable by the employer under section 6. (4) Where an amount in excess of the compensation payable by the employer under section 6 is paid to the employee by the employer under sections 7 and 9 prior to his death, the employer shall not recover any such excess amount. (Added 52 of 2000 s. 6) Cap 282 s 6H Appeal against determination of Commissioner in fatal cases (1) Subject to the provisions of this section, an appeal shall lie to the Court from a determination under section 6B(1)(a), 6C(1)(a) or (11), 6D(6)(b) or 6E(1)(a) or (12), as the case may be. (2) No appeal shall lie after the expiry of 42 days from the date of issue of the certificate concerned under section 6B, 6C, 6D or 6E, unless the Court, as it thinks fit, extends the time for an appeal notwithstanding that the 42 days period has elapsed. (3) On an appeal under this section, the Court may confirm or vary the determination of the Commissioner. (4) Where the Court varies the determination of the Commissioner, the Court shall- (a) in the case of a determination under section 6B(1)(a) or 6D(6)(b), make an order to apportion the amount of compensation payable under section 6(1) to the member of the family of the employee according to section 6A; (b) in the case of a determination made under section 6E(1)(a) or (12), make an order to apportion the amount of reimbursement payable to each person who has paid the expenses of the funeral of the employee and the expenses of medical attendance on the employee taking into account section 6E(5).(5) The Court shall- (a) subject to section 6G, direct the employer to pay to the Court any amount of payment which is payable by the employer but not yet paid; and (b) direct any person who has received the payment from the employer in accordance with a Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case, a Certificate of Interim Payment or Review Certificate of Interim Payment, a Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses to pay to the Court any amount which has been overpaid to the person taking into account the apportionment made by the Court; and (c) make such order as to costs as the Court thinks fit.(6) The amount apportioned to- (a) any member of the family ; or (b) any person who has paid the expenses of the funeral of the employee and the expenses of medical attendance on the employee,shall be paid to him, or be invested, applied or otherwise dealt with for his benefit in such manner as the Court thinks fit. (Added 52 of 2000 s. 6) Cap 282 s 7 Compensation in case of permanent total incapacity (1) Where permanent total incapacity results from the injury, the amount of compensation shall be- (a) in the case of an employee under 40 years of age at the time of the accident, a lump sum equal to 96 months' earnings or 96 times the amount specified in the second column of the Sixth Schedule shown opposite section 7(1)(a) specified in the first column of that Schedule, whichever is the less; (b) in the case of an employee of or over 40 years of age but under 56 years of age at the time of the accident, a lump sum equal to 72 months' earnings or 72 times the amount specified in the second column of the Sixth Schedule shown opposite section 7(1)(b) specified in the first column of that Schedule, whichever is the less; (c) in the case of an employee of or over 56 years of age at the time of the accident, a lump sum equal to 48 months' earnings or 48 times the amount specified in the second column of the Sixth Schedule shown opposite section 7(1)(c) specified in the first column of that Schedule, whichever is the less. (Amended L.N. 79 of 1983; L.N. 321 of 1985; L.N. 390 of 1987; L.N. 386 of 1989; L.N. 435 of 1991; 66 of 1993 s. 3; L.N. 566 of 1995; 36 of 1996 s. 5)(2) The amount of compensation payable under subsection (1) shall in no case be less than the amount specified in the second column of the Sixth Schedule shown opposite section 7(2) specified in the first column of that Schedule. (Amended L.N. 79 of 1983; L.N. 321 of 1985; L.N. 390 of 1987; L.N. 386 of 1989; L.N. 435 of 1991; L.N. 463 of 1993; L.N. 566 of 1995; 36 of 1996 s. 5) |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！