|
|
Declaration that accident is an occupational accident.
[1966 OI, s. 29]
|
60.—(1) Where, in relation to any claim for occupational injuries benefit, it is decided that the relevant accident was or was not an occupational accident, an express declaration of that fact shall be made and recorded and (subject to subsection (3)) a claimant shall be entitled to have the question whether the relevant accident was an occupational accident decided notwithstanding that his claim is disallowed on other grounds.
|
|
| |
(2) Subject to subsection (3), any person suffering personal injury by accident shall be entitled, if he claims that the accident was an occupational accident, to have that question decided, and a declaration made and recorded accordingly, notwithstanding that no claim for occupational injuries benefit has been made in connection with which the question arises, and the provisions of this Act shall apply for that purpose as if the question had arisen in relation to a claim for occupational injuries benefit.
|
|
| |
(3) Notwithstanding anything contained in subsections (1) and (2), the deciding officer or appeals officer, as the case may be, may refuse to determine the question whether an accident was an occupational accident if satisfied that it is unlikely that it will be necessary to decide the question for the purposes of any claim for occupational injuries benefit, but any such refusal of a deciding officer shall, on notice of appeal being given to the Minister within the prescribed time, be referred to an appeals officer.
|
|
| |
(4) Subject to this Act as to appeal and revision, any declaration under this section that an accident was or was not an occupational accident shall be conclusive for the purposes of any claim for occupational injuries benefit in respect of that accident, whether or not the claimant is the person at whose instance the declaration was made.
|
|
| |
(5) For the purposes of this section, an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an occupational accident if—
|
|
| |
(a) it arises out of and in the course of his employment,
|
|
| |
(b) that employment is insurable (occupational injuries) employment, and
|
|
| |
(c) payment of occupational injuries benefit is not precluded because the accident happened while he was outside the State,
|
|
| |
and reference in other sections of this Chapter to an occupational accident shall be construed accordingly.
|
