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.