Workmen's Compensation Act, 1934
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Restriction on ending or diminishing weekly payments by employer. |
26.—(1) An employer shall not be entitled otherwise than under an order of the Court or under a variation agreement duly registered under Part VI . of this Act or under and in accordance with this section to end or diminish a weekly payment. | |
(2) An employer shall be entitled to end or diminish a weekly payment in the following cases— | ||
(a) where a workman in receipt of a weekly payment in respect of total incapacity has actually returned to work; | ||
(b) where the weekly earnings of a workman in receipt of a weekly payment in respect of partial incapacity have actually been increased. | ||
(3) Where the medical practitioner who has under the provisions of this Act relating to medical examination of workman by employer's medical practitioner examined a workman in receipt of a weekly payment has certified that the workman has wholly or partially recovered or that the incapacity is no longer due in whole or in part to the accident, and a copy of the certificate (which shall set out the grounds of the opinion of the medical practitioner) together with notice of the intention of the employer at the expiration of twenty-one clear days from the date of the service of the notice to end the weekly payment or to diminish it by such amount as is stated in the notice has been served by the employer upon the workman, the following provisions shall have effect, that is to say:— | ||
(a) if before the expiration of the said twenty-one clear days the workman sends to the employer the report of a duly qualified medical practitioner (which report shall set out the grounds of his opinion) disagreeing with the certificate so served by the employer, the weekly payment shall not be ended or diminished except in accordance with such report, or if and so far as the employer disputes such report, except in accordance with a certificate given by the medical referee in pursuance of the provisions of this Act relating to examination of workman by medical referee; | ||
(b) if no such report is sent to the employer within the said time, the employer may end or diminish the weekly payment in accordance with the terms of the said notice. | ||
(4) Where an application has been made in pursuance of the provisions of this Act relating to examination of workman by medical referee to refer the dispute to a medical referee it shall be lawful for the employer, pending the settlement of the dispute, to pay into Court— | ||
(a) where the employer's notice was a notice to end the weekly payment, the whole of each weekly payment becoming payable in the meantime; | ||
(b) where the employer's notice was a notice to diminish the weekly payment, so much of each weekly payment so payable as is in dispute; | ||
and the sums so paid into Court shall, on the settlement of the dispute, be paid to the employer or the workman according to the effect of the certificate of the medical referee, or if the effect of that certificate is disputed, as in default of agreement may be determined by the Court. | ||
(5) This section shall apply to weekly payments under the Workmen's Compensation Act, 1906, as well as weekly payments under this Act, and for the purpose of such application to weekly payments under the said Workmens Compensation Act, 1906, the following provisions shall have effect— | ||
(a) the reference in sub-section (3) of this section to the provisions of this Act relating to medical examination of workman by employer's medical practitioner shall be construed as a reference to paragraph (14) of the First Schedule to the said Workman's Compensation Act, 1906; and | ||
(b) the references in sub-sections (3) and (4) of this section to the provisions of this Act relating to examination of workman by medical referee shall be construed as references to paragraph (15) of the First Schedule to the Workman's Compensation Act, 1906. |