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Section 40

Determination of question of occupational disease

of Self-Employment Social Security Act 2017

ActIn forceProvision 40 of 89
Section 40

(1)

A medical assessor shall examine the claimant for benefit and determine, with available evidence to his satisfaction and in the manner as prescribed, any question—

(a)

whether a self-employment injury is caused by an occupational disease as specified in the Fifth Schedule to the

Employees’ Social Security Act 1969;

(b)

whether the claimant for benefit is suffering from one or more of the disease or injuries specified in the Fifth Schedule to the Employees’ Social Security Act 1969;

(c)

whether the relevant disease or injury has resulted in permanent disablement;

(d)

whether the extent of loss of earning capacity can be assessed provisionally or finally;

(e)

whether the assessment of the proportion of the loss of earning capacity is provisional or final; or

(f)

in the case of provisional assessment, the period for which such an assessment shall hold good.

(2)

A medical assessor shall send a report of his examination and determination to the Organization in the manner as may be determined by the Organization.