Section 5
Compensation for occupational diseases
of Workmen'S Compensation Act 1952
If a workman who is employed in any occupation described in the Second Schedule contracts a disease or injury shown in the said Schedule to be related to that occupation, or if a workman who has been employed in such occupation contracts such a disease or injury within twelve months after ceasing to be so employed, and if disablement or the death of such workman results from that disease, compensation shall be payable as if the disease were a personal injury by accident arising out of and in the course of that employment, and all the other provisions of this Act shall apply accordingly, subject to the provisions of this section:
Provided that where the workman has developed any of the diseases mentioned in the said Schedule, that disease shall, unless the contrary is proved, be presumed to be due to the nature of the occupation if the workman has been employed in any of the specified occupations within thirty days of the date on which a registered medical practitioner certifies that in his opinion the workman is suffering from that disease.
17
Workmen’s Compensation
(2)
When a workman enters into a contract of service or apprenticeship with any employer to work in any occupation specified in the Second Schedule or is, with his consent, transferred by his employer to such an occupation, he shall, if requested to do so by the employer, submit himself for examination by a registered medical practitioner, the fee for which shall be paid by the employer; but such workman shall not be required to submit himself for examination by a registered medical practitioner otherwise than in accordance with Regulations made under this Act nor at shorter intervals than may be prescribed therein.
(3)
No compensation shall be payable under this section in respect of the disablement or death of a workman if the disablement begins or the death happens, as the case may be, more than twelve months after the workman has ceased to be employed in any employment to the nature of which the disease is due by the employer from whom the compensation is claimed:
Provided that compensation shall be payable in respect of the death of a workman if his death has been preceded, whether immediately or not, by any period of disablement in respect of which compensation is payable under this section.
(4)
For the purposes of calculating the monthly earnings of the workman in a claim for compensation under this section, the date of commencement of the disablement of the workman, or the date of his death, if there has been no previous period of disablement, shall be treated as the date of the happening of the accident, if he is then employed in any employment to the nature of which the disease is due by the employer from whom the compensation is claimed, and if he is not then so employed, the last day on which he was so employed shall for this purpose be deemed to be the date of the happening of the accident.
(5)
For all other purposes of this Act the date of commencement of the disablement of the workman, or the date on which a registered medical practitioner certifies that in his opinion the workman is suffering from such disease, whichever date is the earlier, or the date of his death if there has been no previous period of disablement, shall be deemed to be the date of the happening of the accident.
(6)
If the disease has been contracted by a gradual process, so that two or more employers are severally liable to pay compensation in respect thereof under this section, the aggregate amount of such compensation shall not exceed the amount that would have been
18
payable if those employers had been a single employer, and in such case each of those employers shall, in default of agreement, be liable for such proportion of the compensation payable as the
Arbitrator thinks just.
(7)
Any disease specified in the Second Schedule and any employment mentioned therein may be deleted therefrom, and new diseases and employments may be added thereto, by the Minister.
(8)
Notwithstanding the foregoing provisions of this section, the Minister may, in respect of any disease specified in the Second
Schedule, by order require that any such disease shall be certified by a Medical Board appointed under any Regulations made under section 43; and in respect of any disease referred to in such order this section and section 14 shall be construed as if for references to a registered medical practitioner there were substituted references to such Medical Board.