(b) was a dependant of a person whose death was caused by an injury referred to in section four. (2) Any person who claims compensation shall apply therefor in the prescribed manner and shall submit such evidence and information in support of his claim as may be prescribed or required by the Commissioner. 6 Consideration of claims and entitlements to benefits (1) The Commissioner shall consider all claims for compensation made to him in terms of section five and, if he finds that the claimant— (a) is suffering from disablement which was caused by an injury referred to in section four; or (b) was a dependant of a person whose death was caused by an injury referred to in section four; then, subject to this Act, the claimant shall be entitled to compensation. (2) Payment of compensation in terms of this Act— (a) may be refused in any case where it is found by the Commissioner that the injury concerned was caused or aggravated or the death was caused by any serious negligence or serious misconduct on the part of the person in respect of whom the claim is made; and (b) shall be refused in respect of any injury or death which constitutes a valid claim in terms of the National Social Security Authority Act [Chapter 17:04] or any regulations regulating the conditions of service of employees of the State, or in respect of which a claim has been made in terms of a repealed law. PART IV COMPENSATION FOR DISABLEMENT 7 Assessment of degree of disablement (1) The degree of disablement resulting from an injury shall, for the purposes of assessing compensation in terms of this Act, be assessed by the Commissioner and shall be— (a) in the case of a disability specified in the First Schedule, not less than the percentage specified in that Schedule in respect of that disability; (b) in the case of a disability not specified in the First Schedule, such percentage as may be assessed after considering the report of a medical practitioner employed by the State. (2) In making a report for the purposes of paragraph (b) of subsection (1), the medical practitioner shall make a comparison of the condition of the disabled person with the condition of a normal healthy person of the same age and sex, without taking into account the earning capacity in his disabled condition of the disabled person in his own or any other occupation. (3) Where the disabled person has two or more disabilities which are the result of one or more injuries in respect of which compensation is payable, the degree of disablement shall be determined in relation to the combined disabilities and shall in no case exceed one hundred per centum. (4) Notwithstanding subsection (1), if the Commissioner, by reason of the particular consequences of an injury in relation to the special nature of the occupation of a particular disabled person, considers the degree of disablement as determined in terms of subsection (1) or (3) to be inadequate, the Commissioner may increase the degree of disablement to such percentage, being not more than one hundred per centum, as he considers to be equitable in the special circumstances: Provided that, if there is subsequently any material improvement in the earning capacity of the disabled person, the Commissioner may reduce or vary the assessment made under this subsection, but in no case shall the degree of disablement be reduced or varied to such an extent that it is less than the degree of disablement as determined in terms of subsection (1) or (3), as the case may be. (5) If a disabled person is aggrieved by the determination of the Commissioner as to his degree of disablement, he may apply in writing to the Commissioner, within six

Select target paragraph3