22Compensation in case of incapacity

22 Compensation in case of incapacity

(1)  *[Section 22 Subsection (1) amended by No. 31 of 1957, s. 3 ][Section 22 Subsection (1) amended by No. 106 of 1973, s. 4 ][Section 22 Subsection (1) amended by No. 44 of 1993, s. 14 and Sched. 1 and s.15 and Sched. 2 ]*Where it is established to the satisfaction of the Secretary, on the certificate of a certifying medical officer or, on appeal from that certificate, on the certificate of a medical referee, that an employee is suffering from disease and is thereby incapacitated from continuing to work as an employee, that employee is entitled to compensation in accordance with this section.

(2)  *[Section 22 Subsection (2) amended by No. 31 of 1957, s. 3 ][Section 22 Subsection (2) omitted by No. 16 of 1965, s. 4 ][Section 22 Subsection (2) inserted by No. 106 of 1973, s. 4 ]*The compensation payable to an employee under this section shall be by way of weekly payments at the relevant compensation rate.

(3)  *[Section 22 Subsection (3) substituted by No. 31 of 1957, s. 3 ][Section 22 Subsection (3) substituted by No. 16 of 1965, s. 4 ][Section 22 Subsection (3) amended by No. 78 of 1967, s. 4 and Sched. 1 ]**[Section 22 Subsection (3) substituted by No. 106 of 1973, s. 4 ]*Subject to subsection (3A) of this section, the relevant compensation rate in respect of a period of incapacity of an employee is –

(a) the average weekly earnings of the employee over the period of twelve months ending at the commencement of the period of incapacity; or

(b) the ordinary time rate of pay of the employee (as expressed by reference to a week) for the work in which he was engaged immediately before the period of incapacity –

whichever is the greater.

(3AA)  [Section 22 Subsection (3AA) inserted by No. 16 of 1965, s. 4 ]**[Section 22 Subsection (3AA) omitted by No. 106 of 1973, s. 4 ].  .  .  .  .  .  .  .  

(3A)  *[Section 22 Subsection (3A) inserted by No. 31 of 1957, s. 3 ][Section 22 Subsection (3A) substituted by No. 54 of 1959, s. 3 ][Section 22 Subsection (3A) substituted by No. 106 of 1973, s. 4 ]*If, during a period of incapacity of an employee, the ordinary time rate of pay (as expressed by reference to a week) for any work on which he was engaged immediately before the commencement of that period increases or decreases, the relevant compensation rate shall correspondingly be increased or decreased by the like amount.