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Extension of meaning of references to accidents arising out of and in the course of employment.
[1966 OI, s. 4]
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39.—(1) An accident arising in the course of an insured person's employment shall be deemed for the purposes of this Part, in the absence of evidence to the contrary, also to have arisen out of that employment.
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(2) An accident shall be treated for the purposes of this Part, where it would not apart from this section be so treated, as arising out of an insured person's employment if—
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(a) the accident arises in the course of the employment,
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(b) the accident—
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(i) either is caused by another person's misconduct, skylarking or negligence, or by steps taken in consequence of any such misconduct, skylarking or negligence or by the behaviour or presence of an animal (including a bird, fish or insect), or
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(ii) is caused by or consists in the insured person's being struck by any object or by lightning, and
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(c) the insured person did not directly or indirectly induce or contribute to the happening of the accident by his conduct outside the employment or by any act not incidental to the employment.
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(3) An accident shall be deemed for the purposes of this Part to arise out of and in the course of an insured person's employment, notwithstanding that he is at the time of the accident acting in contravention of any statutory or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he is acting without instructions from his employer, if—
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(a) the accident would have been deemed for the purposes of this Part so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be, and
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(b) the act is done for the purposes of and in connection with the employer's trade or business.
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(4) An accident happening while an insured person is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed for the purposes of this Part to arise out of and in the course of his employment, if—
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(a) the accident would have been deemed for those purposes so to have arisen had he been under such an obligation, and
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(b) at the time of the accident, the vehicle—
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(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and
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(ii) is not being operated in the ordinary course of a public transport service.
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In this subsection references to a vehicle include references to a ship, vessel or aircraft.
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(5) An accident happening to an insured person in or about any premises at which he is for the time being employed for the purposes of his employer's trade or business shall be deemed for the purposes of this Part to arise out of and in the course of his employment if it happens while he is taking steps, in an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.
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(6) An accident happening to an insured person, who is an apprentice, while he is in attendance at a technical school or other place for training or instruction (whether during ordinary hours of employment or otherwise), shall be deemed for the purposes of this Part, in the absence of evidence to the contrary, to have arisen out of and in the course of his employment if his attendance at that school or place is with his employer's consent or is required by direction of his employer or under his contract of apprenticeship.
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