Section 11: Reviews of weekly payments

11. Reviews of weekly payments (1) Any weekly payment may be reviewed at the request of the employer or of the workman and, on such review, may be ended, diminished or increased, subject to the limitation specified in the First Schedule, and the amount of payment shall, in default of agreement, be settled by the Court subject to this Act. (2) Where a workman was at the date of the accident under the age of 21, and the review takes place more than 6 months after the accident, and the application for the review is made before or within 6 months after the workman attains the age of 21, the amount of the weekly payment may be increased to the amount that would have been awarded if the workman had at the time of the accident been earning the weekly wage which he would probably have been earning at the date of the review had he remained uninjured. (3) Where the review takes place more than 6 months after the accident, and it is proved that, had the workman remained uninjured and continued in the same class of employment as that in which he was employed at the date of the accident, his average weekly wages during the 12 months immediately preceding the review would, as a result of fluctuations in rates of remuneration, have been greater or less by more than 20 per cent than his average weekly wages during the 12 months before the accident (or where the weekly payment has been previously varied on a review during the 12 months before that review or the last of such reviews), the weekly payment shall be varied so as to make it such as it would have been if the rates of remuneration obtaining during the 12 months before the review had obtained during the 12 months before the accident. [Issue 1] W9 – 8 Revised Laws of Mauritius