Section 35: Adjournment of hearing
consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
35. Adjournment of hearing
(1) Where a workman at the hearing of an application is incapacitated by
reason of the injury in respect of which the application is made, and it is uncertain whether the incapacity is temporary or permanent, or if permanent,
whether it is partial or total, the Magistrate may, if he is satisfied that the
workman is entitled to compensation in the event of the incapacity being
permanent—
(a) adjourn the hearing for a period or periods, not exceeding
12 months in all, reckoned from the date of the accident causing
the injury; and
(b) make an interim order that the employer shall, in the meantime,
pay such compensation to the workman as is provided by the
First Schedule in the case of temporary incapacity for work or
permanent partial incapacity for work, as the case may be.
(2) Where a workman at the hearing of an application is not incapacitated, but there is reason to believe that the injury sustained by him may ultimately result in his permanent or total incapacity for work or in his death,
the Magistrate may adjourn the hearing for a period or periods, not exceeding
12 months in all, reckoned from the date of the accident causing the injury,
so that the workman may retain his right to recover compensation in the
case of permanent incapacity, partial or total, resulting ultimately from the
injury, or the dependants retain their right to recover compensation in the
event of the workman’s death.
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Questions this section answers
- Can my compensation hearing be adjourned if it's unclear whether my incapacity is permanent?