【法规名称】
【法规编号】 79977 什么是编号？
【正 文】
第6页 CAP 282 EMPLOYEES' COMPENSATION ORDINANCE
|
[接上页] (6) (Repealed 52 of 2000 s. 5) (Replaced 44 of 1980 s. 4) Cap 282 s 6A Apportionment of compensation (1) Where death results from the injury, the compensation shall be payable only to eligible members of the family and apportioned in the manner set out in the Seventh Schedule. (2) For the purposes of this section- (a) "eligible" (合资格), in relation to a member of the family, means the member is entitled to compensation under section 6(1) by virtue of a determination under section 6B(1), 6D(6), 6H(4) or 18A(1); (b) a reference to a child of a deceased employee includes a child born after the death of the employee but before a determination made under section 6B(1)(a), 6D(6), 6H(4) or 18A(1) in respect of the employee.(3) In determining the amount of compensation payable under section 6(1), the Commissioner or the Court shall take into account- (a) any compensation deductible under section 6(3); (b) any interim payments paid under subsection (4).(4) Where the spouse of the employee who has been paid any interim payments dies prior to the Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case is issued, the aggregate amount of interim payments already paid shall be deducted from the total amount of compensation payable before the apportionment of the amount for other members of the family. (5) In stating the amount of compensation payable to each member of the family named in the Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case, the Commissioner and the Court may round down the amounts to the nearest dollar. (Added 52 of 2000 s. 6) Cap 282 s 6B Determination by Commissioner of claims for compensation in fatal cases (1) Subject to subsection (2), where death results from the injury, the Commissioner may, on application by the members of the family under subsection (4) and with the consent in writing of the employer and signed by him- (a) determine in respect of the members of the family making the application- (i) the total amount of compensation payable; (ii) the persons to whom the compensation is payable and the amount of compensation payable to each such person; and (iii) the persons who are not entitled to the compensation; and(b) issue a certificate- (i) as to his determination under paragraph (a); and (ii) as soon as practicable after making the determination, but in any case not earlier than 6 months from the date of death of the employee or the date of accident if the date of death cannot be ascertained.(2) The Commissioner shall not determine or continue to determine a claim under subsection (1)(a) where- (a) the employer does not give his consent in writing signed by him to the Commissioner determining the claim; (b) the employer gives his consent to the Commissioner determining the claim but prior to determination withdraws such consent by notice in writing signed by him to the Commissioner; (c) there is a dispute on the familial connection between the employee and any of the persons claiming compensation; (d) any party to the claim, at any time prior to the issue of the Certificate of Compensation Assessment for Fatal Case, declines determination by the Commissioner; (e) a claim for compensation in respect of the same employee has been filed with the Court; (f) in the Commissioner's opinion, the claim is not suitable for such determination; or (g) the first application under subsection (4) has not been made within 24 months from the date of death of the employee.(3) Where the Commissioner has proceeded to determine a claim under subsection (1)(a) but prior to the issue of the Certificate of Compensation Assessment for Fatal Case, the process of determination is terminated by virtue of subsection (2)- (a) the claim shall be determined by the Court pursuant to section 18A(1); and (b) the Commissioner shall notify the parties concerned of the termination.(4) An application under subsection (1) shall be made- (a) in such form as the Commissioner may specify and signed by the person making it; (b) within 6 months from the date of death of the employee or the date of accident if the date of death cannot be ascertained (but the Commissioner may, if he thinks fit, extend the period for making the application); (c) subject to paragraph (d), separately by each person claiming compensation or by his authorized representative; (d) where the person claiming compensation is a minor or a person incapable of managing himself and his affairs, by his guardian or legal representative, as the case may be.(5) A Certificate of Compensation Assessment for Fatal Case shall- (a) be in such form as may be specified by the Commissioner giving details of the determination; and (b) be sent- (i) to the employer; and (ii) to each person named in the certificate, whether or not compensation is payable to the person.(6) The Commissioner shall, as soon as practicable after he decides to determine a claim for compensation under subsection (1)(a), send to the Court a notice advising the Court of that decision. |
- 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！