(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respect of which a claim has been made in terms of a repealed law.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