Clause 24

Subject to the provisions of this Act the Commissioner shall have power to assess and make an order on the amount of compensation payable to any person on any application made by or on behalf of that person.

The Commissioner shall cause to be served on the employer and the person claiming compensation personally or by registered post a notice stating the amount of the compensation payable in accordance with the assessment made by the Commissioner under subsection (1).

If no objection is received by the Commissioner within two weeks of the service of the notice under subsection (2) the assessment of compensation made by the Commissioner shall be deemed to have been agreed upon by the employer and the person claiming compensation and shall have the effect of an order under subsection (2) of section 25 but no appeal shall lie against such an order.

In any such case as is mentioned in subsection (3), the employer shall, within twenty-one days of the service of the notice under subsection (2), pay the Commissioner or the person claiming compensation as the Commissioner may direct the amount of compensation determined.

Where payment is not made in accordance with the provisions of subsection (4), the employer shall be liable to pay to the Commissioner interest at the rate of one and one-half per centum for each month or part thereof of the assessed amount:Provided that the Commissioner may in his discretion waive or remit the whole or any part of such interest.

Any assessment of compensation made by the Commissioner under this section may, in any case involving asbestosis or silicosis, be reviewed at any time within three years from the date of the assessment if the Commissioner is satisfied that since that date there has been an aggravation of the result of the relevant disease and that the amount of compensation originally assessed is substantially inadequate; and the Commissioner shall where such a review has been made issue a notice of assessment of additional compensation payable by the employer.

The provisions of this section and of section 25 shall apply to a notice of assessment of additional compensation under subsection (6) as they apply to a notice of assessment of compensation.