|
Chapter: | 282
 | Title: | EMPLOYEES' COMPENSATION ORDINANCE | Gazette Number: | L.N. 245 of 2000 |
| Section: | 6H | Heading: | Appeal against determination of Commissioner in fatal cases | Version Date: | 01/08/2000 |
(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)