Workmen’S Compensation Act · 1984 Revised Edition · Part III
Section 38
Official textFrom Attorney General's Chambers, unchanged
In any proceedings under the provisions of this
Act any document purporting to be -
a report under the hand of a registered medical practitioner upon any workman examined or treated by him; or
a statement under the hand of a competent authority as to the depen~ency and the degree of dependency on a deceased workman of any person claiming to be a dependant of such workman.
shall be prima facie proof of the facts stated therein and the signature of such registered medical practitioner or compe-tent authority shall be admitted without proof unless the
Commissioner or an arbitrator shall have reason to doubt the genuineness thereof:
Provided that nothing herein contained shall prevent the
Commissioner or an arbitrator from taking into, considera-tion any other evidence as to the existence of dependants or the extent of dependency.
For the purposes of this section
"registered medical practitioner" includes any medical practitioner registered under any written law relating to the registration of medical practi-tioners in force in the country in which such medic-al practitioner resides;
registered medical practitioner
"registered medical practitioner" means a medical practitioner registered or exempted from registra-tion under the provisions of any written law relat-ing to the registration of medical practitioners from time to time in force in Brunei;
"competent authority" means
within Brunei, any District Officer; and
outside Brunei any Commissioner, state
Commissioner, Deputy Commissioner or Assistant
Commissioner, or officer holding an equivalent position appointed under any law relating to work-
47
Documents admissible as evidence in proceedings
48
Arbitrator's order to be sent to Com-missioner
Costs
Power to sub-mit cases
Appeal from arbttrator
Workmen's Compensation man's compensation in force m the country m which the claimant resides.
Terms defined in s 3
arbitrator
Defined · s 3"arbitrator" means a person appointed by His Majesty by notification in the Gazette to be an arbitrator for workmen's compensation; the "Commissioner'' means the Commissioner of Labour appointed under section 3 of the Labour Act…
dependant
Defined · s 3"dependant" means any member of the family of a workman who was wholly or in part dependent upon his earnings at the time of his death, or would but for the incapacity due to the accident have been so dependent, and where the workman-Interpreta- tion 7 Workmen's Compensation (a) being the parent or grandparent of a child born out of wedlock, leaves such child so depen-dent upon his earnings, or (b) being a child born out of wedlock leaves a parent or grandparent so dependent upon his earnmgs, or (c) being divorced leaves a divorced wife so de-pendent upon his earnings shall include such child, parent, grandparent or divorced wife respectively: Provided that a person shall not be deemed to be a partial dependant of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessities of life suitable for persons in his class and position: And provided further that where on application being made by a woman the Commissioner is sa-tisfied after due enquiry under section 10 (5) of this Act that - (a) such woman and the deceased were living together as man and wife at the time of the acci-dent; and (b) such woman was wholly or in part depen-dent on the earnings of the deceased at the time of his death or would but for the incapacity due to the accident have been so dependent, the Commissioner may deem such woman to be a dependant for the purposes of this Act. - - - ·- Workmen's Compensatio'!
registered medical practitioner
Defined · s 3"registered medical practitioner" means a medical practitioner registered or exempted from registra-tion under the provisions of any written law relat-ing to the registration of medical practitioners from time to time in force in Brunei;