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Section 35: Adjournment of hearing

Workmen'S Compensation Act · PART IV: PROCEDURE – MEDICAL ASSISTANCE

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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