On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 01/06/2012.
PART III
ASSESSMENT AND PAYMENT OF COMPENSATION
24.
—(1) Subject to the provisions of this Act, the Commissioner shall have power to assess and make an order on the amount of compensation payable to any person on any application made by or on behalf of that person.
(2) The Commissioner shall cause to be served on the employer and the person claiming compensation for any injury resulting from an accident —
(a)
a notice of assessment of compensation stating the amount of the compensation payable in accordance with the assessment made by the Commissioner under subsection (1); or
(b)
a notice of assessment of compensation stating that no compensation is payable if the Commissioner is of the view that the injury to which the claim relates did not arise out of or in the course of the person’s employment or that the person was not an employee within the meaning of this Act.
[5/2008]
(3) A notice of assessment of compensation referred to in subsection (2)(a) that is served under subsection (2) on an employer and the person claiming compensation shall be deemed to have been agreed upon by the employer and the person claiming compensation, and shall have the effect of an order under section 25D on —
(a)
the 15th day after the notice is served where no objection is received by the Commissioner within a period of 14 days after the service of the notice; or
(b)
the 29th day after the notice is served where all objections so received by the Commissioner are withdrawn within a period of 28 days after the service of the notice.
[5/2008]
(3A) Any notice of assessment of compensation referred to in subsection (2)(b) that is served under subsection (2) on an employer and the person claiming compensation shall have the effect of an order under section 25D on the 15th day after the notice of assessment is served if no objection is received by the Commissioner within a period of 14 days after the service of the notice.
[5/2008]
(4) The employer shall pay the amount of compensation determined to the Commissioner or such person claiming compensation as the Commissioner may direct —
(a)
within a period of 21 days after the service of a notice of assessment of compensation on the employer if no objection is received by the Commissioner within the time limited under subsection (3)(a); or
(b)
within a period of 35 days after the service of a notice of assessment of compensation on the employer if all objections so received by the Commissioner are withdrawn within the time limited under subsection (3)(b).
[5/2008]
(5) [Deleted by Act 5 of 2008]
(6) Any assessment of compensation made by the Commissioner under this section may, in any case involving any prescribed occupational disease specified in the Second Schedule, be reviewed at any time within 3 years from the date of the assessment if the Commissioner is satisfied that since that date there has been an aggravation of the result of the relevant occupational disease and that the amount of compensation originally assessed is substantially inadequate.
[5/2008]
(7) The Commissioner shall, where a review under subsection (6) has been made, issue a notice of assessment of additional compensation payable by the employer.
(8) This section and section 25 shall apply to a notice of assessment of additional compensation under subsection (7) as they apply to a notice of assessment of compensation.
25.
—(1) If any employer or person claiming compensation objects to any notice of assessment of compensation issued by the Commissioner under section 24(2), he shall, within a period of 14 days after the service of the notice of assessment (or such longer period as the Commissioner may, in his discretion, allow in any particular case), give notice of his objection in the prescribed form and manner to the Commissioner stating precisely the grounds of his objection.
[5/2008]
(2) The Commissioner shall disregard any ground of objection that is contained in any notice of objection given outside of the period allowed for objections under subsection (1).
[5/2008]
25A.
—(1) Notwithstanding anything in this Act, the Commissioner may, at any time after a claim for compensation has been made under section 11, make such order or give such direction as he thinks fit, including the direction for any person in relation to the claim to appear before him, for the determination of the claim.
[5/2008]
(2) Where any party fails to comply with any order made or direction given by the Commissioner under subsection (1), the Commissioner may dismiss the claim or make such other order as he thinks fit.
[5/2008]
(3) The Commissioner may, in exercising his powers under subsection (1), make such order as to costs as he thinks fit.
[5/2008]
(4) Any order or direction made or given against any person who does not appear before the Commissioner when directed to do so under subsection (1) may be set aside or varied by the Commissioner on such terms as he thinks just.
[5/2008]
25B.
—(1) Without prejudice to the generality of section 25A(1), at any time after a claim for compensation has been made under section 11, the Commissioner may direct parties to attend a pre-hearing conference by serving a notice to the parties.
[5/2008]
(2) At the pre-hearing conference, the Commissioner may consider any matter including the possibility of settlement of all or any of the issues for the hearing and require the parties to furnish the Commissioner with any such information and document as he thinks fit, and may also give all such directions as appear to be necessary or desirable for the determination of any issue for hearing.
[5/2008]
(3) If any party defaults in complying with any such directions as may be given by the Commissioner under subsection (2), the Commissioner may, either in his own discretion or upon the application of any party, make a decision concerning the claim and in pursuance of that decision, make such order for payment of compensation as he thinks just.
[5/2008]
(4) Any order made under subsection (3) may be set aside or varied by the Commissioner, on the application of any party, on such terms, if any, as he thinks just.
[5/2008]
(5) At any time during the pre-hearing conference where the parties are agreeable to a settlement of some or all of the matters for hearing, the Commissioner may record that settlement and make an order to give effect to the settlement.
[5/2008]
25C.
—(1) If, at the time appointed for the pre-hearing conference, one or more of the parties to the action or proceedings fail to attend, the Commissioner may make a decision concerning the claim and make such order as to compensation or costs as he thinks just.
[5/2008]
(2) An order made by the Commissioner in the absence of a party concerned or affected by the order may be set aside or varied by the Commissioner, on the application of that party, on such terms as he thinks just.
[5/2008]
(3) Without prejudice to the generality of subsection (1), where one or more of the parties to the action or proceedings fail to attend the pre-hearing conference, the Commissioner may, if he thinks fit, adjourn the pre-hearing conference.
[5/2008]
25D. The Commissioner may, after a claim for compensation has been made under section 11 —
(a)
conduct a hearing of the case and hand down a decision accordingly; and
(b)
make any order for the payment of compensation as he thinks just at or after the hearing.
[5/2008]
25E.
—(1) In any proceedings under section 24, 25, 25A, 25B, 25C or 25D, an employer’s insurer shall not be entitled to raise any objection or defence on the ground that there is in force a policy of insurance issued by another party covering the same liability to pay compensation or interest under this Act in respect of any accident as the policy of insurance issued by the employer’s insurer.
(2) Nothing in subsection (1) shall be taken to affect any written or other law on double insurance and contribution or to prohibit an insurer from disproving liability in respect of any accident wholly or in part.
26.
—(1) The Commissioner may, for the purpose of determining any matter under this Act, appoint one or more persons possessing special knowledge of that matter to assist the Commissioner.
[5/2008]
(2) Where any medical board or panel has been established under this Act to assist the Commissioner to determine the extent of injury suffered by an employee in an accident, any determination by the medical board or panel as to the extent of the injury shall be treated as being conclusive by the Commissioner when assessing or determining the amount of compensation payable to the employee.
[5/2008]
27.
—(1) Any appearance, application or act required to be made or done by any person before or to a Commissioner (other than an appearance of a party which is required for the purpose of his examination as a witness) may be made or done on behalf of that person —
(a)
by an advocate or solicitor;
(b)
with the leave of the Commissioner, by any other person authorised in writing by that person;
*(ba)
where the person is mentally incapacitated — with the leave of the Commissioner, by any of his dependants or any deputy appointed or deemed to be appointed for him by the High Court under the Mental Capacity Act 2008 to manage his property;
* The words “committee or committees appointed under the Mental Disorders and Treatment Act (Cap. 178)” in section 27(1)(ba) will be substituted with the following words when item 1(54)(c) in the Second Schedule to the Mental Health (Care and Treatment) Act 2008 (Act 21 of 2008) is brought into operation:
“deputy appointed or deemed to be appointed for him by the High Court under the Mental Capacity Act 2008”.
(bb)
where the person is dead — with the leave of the Commissioner, by any of his dependants or his estate, whether or not the estate has obtained a grant of representation;
(c)
when that person is an employer, by a person in his permanent and exclusive employment; or
(d)
by his insurer.
[5/2008]
(2) Where the Government is a party to any proceedings under this Act, such appearance, application or act may be made by the head of the department by, in or under which the employee was employed or by any officer of that department authorised in writing by the head thereof or by the Attorney-General or any person authorised by him.
[5/2008]
28.
—(1) Where an order has been made or deemed to be made under section 9(5A) or (7), 13(7), 14A(3), 24, 25A, 25B, 25C or 25D, the order shall be enforced by a District Court in the same manner as a judgment of that Court and all necessary processes may be served by that Court on behalf of the Commissioner.
[5/2008]
(1A) Where an order for compensation has been made under section 25A, 25B, 25C or 25D, the employer shall, within a period of 21 days after the order is made, pay the Commissioner or such other person as the Commissioner may direct, the amount of compensation so ordered.
[5/2008]
(2) No sale of immovable property shall for the purposes of such enforcement be ordered except by the High Court.
28A.
—(1) Where an employer fails to pay compensation in accordance with section 24(4) or 28(1A), or where an employer fails to make a deposit with the Commissioner under section 29(3), the employer shall be liable to pay the Commissioner or such other person as the Commissioner may direct, interest on the amount unpaid at such prescribed rate subject to the following provisions:
(a)
the amount of interest on compensation unpaid shall not exceed 50% of the assessed amount of compensation; and
(b)
the Commissioner may, in his discretion, waive or remit the whole or any part of such interest.
[5/2008]
(2) Any interest under subsection (1) shall be payable —
(a)
to or for the benefit of the employee;
(b)
where the employee is dead, to or for the benefit of any one or more of the deceased employee’s dependants or to the estate of the deceased employee where a will has been produced, as the Commissioner deems fit, or where the deceased employee has no dependants, to the Workers’ Fund; or
*(c)
where the employee is mentally incapacitated, to any one or more of the employee’s dependants for the benefit of the employee, or to any deputy appointed or deemed to be appointed for the employee by the High Court under the Mental Capacity Act 2008 to manage the employee’s property, as the Commissioner deems fit.
[5/2008]
* The words “committee or committees appointed under the Mental Disorders and Treatment Act (Cap. 178)” in section 28A(2)(c) will be substituted with the following words when item 1(54)(d) in the Second Schedule to the Mental Health (Care and Treatment) Act 2008 (Act 21 of 2008) is brought into operation:
“deputy appointed or deemed to be appointed for the employee by the High Court under the Mental Capacity Act 2008”.
29.
—(1) Subject to section 24(3B), any person aggrieved by any order of the Commissioner made under this Act may appeal to the High Court whose decision shall be final.
[5/2008]
(2) The procedure governing any such appeal to the High Court shall be as provided for in the Rules of Court.
[Act 2 of 2012 wef 01/03/2012]
(2A) No appeal shall lie against any order unless a substantial question of law is involved in the appeal and the amount in dispute is not less than $1,000.
(3) Notwithstanding any appeal under this section, the employer shall deposit with the Commissioner the amount of compensation ordered by the Commissioner under section 25A, 25B, 25C or 25D within 21 days from the date of the Commissioner’s decision, and the deposit shall be held by the Commissioner pending the outcome of the appeal.
[5/2008]
30.
—(1) For the purposes of this Act, the Commissioner shall have all the powers of a District Judge for the summoning and examination of witnesses and the administration of oaths or affirmations and for compelling the production of documents and material objects.
(2) The Commissioner shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and the memorandum shall be signed by the Commissioner with his own hand and shall form part of the record.
(3) The evidence of any medical witness shall be taken down as nearly as may be word for word.
(4) Any person who in any way wilfully obstructs the service of or obedience to any summons and any person summoned who neglects to attend and to produce documents as required in such summons and any person who commits in respect of any proceedings under this Act any offence described in Chapter X of the Penal Code (Cap. 224) shall be punishable on conviction as provided in that Chapter.
(5) Every person who gives evidence before the Commissioner shall be bound to answer truthfully all questions put to him by the Commissioner.
(6) Any person who wilfully makes any false statement or who gives any evidence in any proceedings under this Act which he knows to be untrue, or who does any other act, which if done in any judicial proceedings would be punishable under Chapter XI of the Penal Code, shall be punishable on conviction as provided in that Chapter.