Singapore legislation

Clause 48

of Work Injury Compensation Bill

Clause 48

Assessment or reassessment by Commissioner

(1)

Where the Commissioner processes a claim, the Commissioner must serve a notice of assessment on the employer, the employer’s insurer (if any) and the claimant, stating —

(a)

the amount of compensation payable in respect of the claim, computed in accordance with the First Schedule; or

(b)

that compensation is refused, if the Commissioner is of the view that —

(i)

the accident to which the claim relates did not arise out of or in the course of the claimant’s employment with the employer; or

(ii)

the claimant was not an employee within the meaning of this Act.

(2)

Regulations made under section 82 may prescribe the circumstances in which the Commissioner need not serve a notice of assessment under subsection (1).

(3)

Subject to section 49(5), a notice of assessment under subsection (1) that is served on the persons mentioned in that subsection is deemed to have been agreed upon by the persons served, and has the effect of an order of compensation —

(a)

where no notice of objection under section 49 is received by the Commissioner within a period of 14 days after the date of service of the notice of assessment — on the 15th day after the date of service of the notice of assessment; or

(b)

where all notices of objection so received by the Commissioner are withdrawn within a period of 28 days after the date of service of the notice of assessment — on the 29th day after the date of service of the notice of assessment.

(4)

In any case of incapacity or death arising from an occupational disease, the Commissioner may reassess the compensation under section 10 at any time within 3 years after the date of the notice of computation or the notice of assessment in respect of the occupational disease, if the Commissioner is satisfied that —

(a)

there has been an aggravation of the result of the occupational disease after the date of the notice of computation or notice of assessment; and

(b)

the amount of compensation originally computed or assessed is substantially inadequate.

(5)

The Commissioner must, where a reassessment under subsection (4) has been made, issue a notice of assessment of additional compensation payable by the employer and serve the notice on the persons mentioned in subsection (1).

(6)

Unless otherwise prescribed, this section and section 49 apply to a notice of assessment of additional compensation under subsection (5) as they apply to a notice of assessment under subsection (1).

Clause 48 — Work Injury Compensation Bill | laws.sg