Workmen’S Compensation Act · s 5

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5. (1) If a workman who is employed in any occupation described in the Second Schedule contracts a disease or injury shown in such Schedule to be related to that occupa-tion, or if a workman who has been employed in such occupation contracts such a disease or injury within 12
months after ceasing to be so employed, and if incapacity or the death of such workman results from that disease, com-pensation shall be payable as if the disease were a personal inJury by accident arising out of and in the course of that employment, and all the other provisions of this Act shall apply accordingly, subject to the provisions of this section:
Provided that where the workman has developed any of the diseases mentioned in the Second Schedule that disease shall, unless the contrary is proved, be presumed to be due to the nature of the occupation if the workman has been employed in any of the specified occupations within 30 days of the date on which a registered medical practitioner cer-tifies that in his opinion the workman is suffering from that disease.
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Compensa-tion for occu-pational dis-eases

Workmen's Compensation
(2) When a workman enters into a contract of em-ployment with any employer to work in any occupation spe-cified in the Second Schedule or is, with his consent, trans-ferred by his employer to such an occupation, he shall, if requested to do so by the employer, submit himself for examination by a registered medical practitioner, the fee for which shall be paid by the employer.
Provided that such workman shall not be required to sub-mit himself for examination by a registered medical practi-tioner otherwise than in accordance with regulations made under this Act nor at shorter intervals than may be pre-scribed therein.
(3) No compensation shall be payable under this sec-tion in respect of the incapacity or death of a workman if the disablement begins or the death happens, as the case may be, more than 12 months after the workman has ceased to be employed in any employment to the nature of which the disease is due by the employer from whom the compensa-tion is claimed:
Provided that compensation shall be payable in respect of the death of a workman if his death has been preceded whether immediately or not, by any period of incapacity in respect of which compensation is payable under this section.
( 4) For the purposes of calculating the monthly earn-ings of the workman in a claim for compensation under this section, the date of commencement of the incapacity of the workman, or the date of his death, if there has been no previous period of incapacity, shall be treated as the date of the happening of the accident, if he is then employed in any employment to the nature of which the disease is due by the employer from whom the compensation is claimed, and if he is not then so employed, the last day on which he was so employed shall for this purpose be deemed to be the date of the happening of the accident.
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Workmen's Compensation
(5) For all other purposesof this Act the date of com-mencement of the incapacity of the workman, or the date on which a registered medical practitioner certifies that in his opinion the workman is suffering from such disease, whichever date is the earlier, or the date of his death if there has been no previous period of incapacity, shall be deemed to be the date of the happening of the accident.
( 6) If the disease has been contracted by a gradual process, so that 2 or more employers are severally liable to pay compensation in respect thereof under this section, the aggregate amount of such compensation shall not exceed the amount that would have been payable if those em-ployers had been a single employer, and in such case each of those employers shall, in default of agreement, be liable for such proportion of the compensation payable as the arbitra-tor thinks just.
(7) His Majesty in Council may by order signified in the Gazette from time to time amend the Second Schedule.

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s 5

(1)

If a workman who is employed in any occupation described in the Second Schedule contracts a disease or injury shown in such Schedule to be related to that occupa-tion, or if a workman who has been employed in such occupation contracts such a disease or injury within 12

months after ceasing to be so employed, and if incapacity or the death of such workman results from that disease, com-pensation shall be payable as if the disease were a personal inJury by accident arising out of and in the course of that employment, and all the other provisions of this Act shall apply accordingly, subject to the provisions of this section:

Provided that where the workman has developed any of the diseases mentioned in the Second Schedule that disease shall, unless the contrary is proved, be presumed to be due to the nature of the occupation if the workman has been employed in any of the specified occupations within 30 days of the date on which a registered medical practitioner cer-tifies that in his opinion the workman is suffering from that disease.

Compensa-tion for occu-pational dis-eases

Workmen's Compensation

(2)

When a workman enters into a contract of em-ployment with any employer to work in any occupation spe-cified in the Second Schedule or is, with his consent, trans-ferred by his employer to such an occupation, he shall, if requested to do so by the employer, submit himself for examination by a registered medical practitioner, the fee for which shall be paid by the employer.

Provided that such workman shall not be required to sub-mit himself for examination by a registered medical practi-tioner otherwise than in accordance with regulations made under this Act nor at shorter intervals than may be pre-scribed therein.

(3)

No compensation shall be payable under this sec-tion in respect of the incapacity or death of a workman if the disablement begins or the death happens, as the case may be, more than 12 months after the workman has ceased to be employed in any employment to the nature of which the disease is due by the employer from whom the compensa-tion is claimed:

Provided that compensation shall be payable in respect of the death of a workman if his death has been preceded whether immediately or not, by any period of incapacity in respect of which compensation is payable under this section.

( 4) For the purposes of calculating the monthly earn-ings of the workman in a claim for compensation under this section, the date of commencement of the incapacity of the workman, or the date of his death, if there has been no previous period of incapacity, shall be treated as the date of the happening of the accident, if he is then employed in any employment to the nature of which the disease is due by the employer from whom the compensation is claimed, and if he is not then so employed, the last day on which he was so employed shall for this purpose be deemed to be the date of the happening of the accident.

Workmen's Compensation

(5)

For all other purposesof this Act the date of com-mencement of the incapacity of the workman, or the date on which a registered medical practitioner certifies that in his opinion the workman is suffering from such disease, whichever date is the earlier, or the date of his death if there has been no previous period of incapacity, shall be deemed to be the date of the happening of the accident.

( 6) If the disease has been contracted by a gradual process, so that 2 or more employers are severally liable to pay compensation in respect thereof under this section, the aggregate amount of such compensation shall not exceed the amount that would have been payable if those em-ployers had been a single employer, and in such case each of those employers shall, in default of agreement, be liable for such proportion of the compensation payable as the arbitra-tor thinks just.

(7)

His Majesty in Council may by order signified in the Gazette from time to time amend the Second Schedule.