Compensation
where
incapacity or
death due to
a scheduled
disease |
16. (1) Where a medical practitioner grants a certificate-
(a) that a worker is suffering from a scheduled disease causing
incapacity or that the death of a worker was caused by a
scheduled disease; and
(b) that such disease was due to the nature of the worker's
employment and was contracted within the period prescribed in
the Second Schedule preceding the date of such incapacity or
death,
and the Board is satisfied on evidence that the allegations
contained in the certificate are correct, the worker or, if the worker
is dead, his dependents shall be entitled to compensation under this
Act as if such incapacity or death were dealt with in accordance
with the provisions of section 7, 8 or 9 and the other relevant
provisions of this Act shall apply with any necessary modifications:
Provided that in no event shall the worker or his dependents be
entitled to compensation in respect of any causation or aggravation
of the disease which was due to employment outside Malawi, except
in respect of a worker from Malawi employed outside Malawi by
his employer within Malawi.
(2) In any case of any incapacity
or death arising from a scheduled
disease, if the worker has at any time represented in writing to
the employer that he was not suffering, or had not previously
suffered, from that or a similar scheduled disease, knowing that the
representation was false, then the Board after considering all the
circumstances, may declare forfeit the compensation provided for
by this Act or such part thereof as the Board thinks fit; and any sum
paid as compensation to any person upon a false representation shall
be recoverable by the Board as a civil debt owing to the Fund.
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Employer's
liability
to pay
compensation in case
of incapacity or
death due to
scheduled disease |
17. (1) Compensation payable under section 16 shall be paid by
the employer who last employed the worker during the period
prescribed in the second schedule unless that employer proves that
the disease was not contracted while the worker was employed by
him and has not been aggravated by reason of conditions in his
employment.
(2) The worker or his dependents
if so required by the employer or
the Board shall furnish to the employer from whom compensation
is claimed such information as the worker possesses or as the
dependents possess as to the names and addresses of all other
employers who during the said period referred to in section 16
employed the worker in the occupation to the nature of which the
disease is due.
(3) Where the employer alleges
that the disease was in fact contracted
while the worker was employed by some other employer and
not while employed by him he may join such other employer as a
party to the proceedings in such manner as may be prescribed, and,
if the allegation is proved, that other employer shall be the employer
from whom the compensation shall be recoverable.
(4) If the disease is of such a
nature as to be contracted by a gradual
process, any other employers who, during the period referred to
in section 16 employed the worker in the occupation to the nature of
which the disease is due may be required by the Board to make to
the employer from whom compensation is recoverable such contri-
butions as by agreement with such other employer or employers
may be determined or, in default of such agreement, may seem to
the Board to be appropriate.
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Special
provisions
relating to
incapacity or
death due to
scheduled diseases |
18. (1) In the application of this Act to incapacity or death caused
by a
scheduled disease, references to the date of the injury shall be
construed as meaning-
(a) in
the case of a scheduled disease causing incapacity, the date
of the certificate referred to in section 16; and
(b) in
the case of death from a scheduled disease, the date of the
death of the worker.
(2) The relevant provisions of this Act
including those relating tothe giving
of notice of an injury to the worker by an employer to the Board,
the making of a claim for compensation therefor and the calculation
of the earnings of a worker shall apply in respect of the recovery of
compensation under this Part with necessary modifications.
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Presumption
as to cause
of a scheduled
disease |
19. If a worker who becomes incapacitated or who dies as a result
of any
scheduled disease was, within
the period prescribed in the Second
Schedule preceding the incapacity
or death, employed in any occupation
specified in relation to that
disease in the Second Schedule it shall be
presumed unless or until the contrary
is proved, that the disease was
due to the nature of such employment.
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Right of
worker to
proceed against
previous employer |
20. Nothing in this Part shall be construed as preventing compensation
being
recovered from any employer who
employed the worker durin the period
referred to in section 16 if the
employer who last employed the worker
during that period proves that
the disease was not contracted while the
worker was employed by him, in
which case section 17(3) shall apply. |
Minister
to amend
Second
Schedule |
21. (1) The Minister may, after consultation with the Board, by notice
published in the Gazette, delete from the Second Schedule any disease
specified therein and may, in like manner, insert any other disease in
that Schedule:
Provided that the Minister shall
cause to be published in the Gazette the
intention to make such an order
at least thirty days before the making
of the order, and any person wishing
to object to the making of such an
order may make his objections
in writing to the Minister.
(2) The Minister shall consider
the merits of any objection made pursuant
to subsection (1) but shall have power to make any decision thereon
as he sees fit after consultation with the Board and shall be obliged to
give reasons for his decision
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Pre-engagement
clinical test for
scheduled diseases |
22. The Board may make rules providing for pre-engagement clinical
tests in
regard to scheduled diseases.
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