months of the determination having been communicated to him, for the determination
to be reviewed by a medical board.
(6) On receipt of an application in terms of subsection (5), the Commissioner may
allow the application or refuse to allow the application, and it shall not be necessary
for the Commissioner to give any reason for his decision.
(7) If the Commissioner allows an application in terms of subsection (6), he shall
refer the matter to a medical board and—
(a)
the decision of the medical board shall be final;
(b)
the award of any disablement pension shall be adjusted accordingly
with effect from such date and for such period as may be fixed by the medical board.
8
Disablement pension
(1) Subject to subsections (3) and (4) and section nine, a disabled person whose
degree of disability is one hundred per centum shall be entitled to a disablement
pension calculated as follows—
(a)
if the person carries on his normal occupation, an amount equal to the
aggregate of—
(i)
forty-five per centum of his earnings immediately prior to the date of
his injury which are not in excess of seven thousand three hundred and ninety-three
dollars per annum; and
(ii)
thirty per centum of his earnings immediately prior to the date of his
injury which are in excess of seven thousand three hundred and ninety-three dollars
per annum and which are not in excess of fourteen thousand seven hundred and
eighty dollars per annum;
(b)
if, in the opinion of the Commissioner, the person is compelled as a
result of his disablement to change his normal occupation or to follow a lower
standard of occupation, an amount equal to the aggregate of—
(i)
ninety per centum of his earnings immediately prior to the date of his
injury which are not in excess of three thousand seven hundred and sixty dollars per
annum; and
(ii)
sixty per centum of his earnings immediately prior to the date of his
injury which are in excess of three thousand seven hundred and sixty dollars per
annum and which are not in excess of seven thousand three hundred and ninety-three
dollars per annum; and
(iii)
fifty per centum of his earnings immediately prior to the date of his
injury which are in excess of seven thousand three hundred and ninety-three dollars
per annum and which are not in excess of fourteen thousand seven hundred and
eighty dollars per annum:
Provided that—
(i)
where the person changes his normal occupation or follows a lower
standard of occupation for reasons other than his disablement, the annual rate of
pension shall be calculated in accordance with paragraph (a);
(ii)
where the person has not changed his normal occupation or followed a
lower standard of occupation but has a reduced earning capacity as a result of his
disablement, the Commissioner may vary the rate of pension to such rate not
exceeding that calculated in terms of paragraph (b) as the Commissioner considers
equitable in the circumstances.
(2) Subject to subsections (3) and (4) and section nine, a disabled person whose
degree of disability is less than one hundred per centum shall be entitled to a
disablement pension which bears the same proportion to the pension which would
have been payable in terms of subsection (1) had his degree of disablement been one
hundred per centum as his actual degree of disablement bears to one hundred per
centum.
(3) If a disabled person is suffering from an injury which consists of an aggravation
to a material extent of pre-existing ill-health, physical or mental incapacity or
personal injury, the pension payable to him shall be assessed in respect of such