Clause 4

If a workman who is employed in any occupation described in the Second Schedule contracts a disease shown in that Schedule to be related to that occupation, or if a workman who has been employed in that occupation contracts that disease within twelve months, or in the case of silicosis or asbestosis within thirty-six months, after ceasing to be so employed, and if incapacity or the death of the 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.

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 medical practitioner, the fee for which shall be paid by the employer; but he shall not be required to submit himself for such examination otherwise than in accordance with regulations made under this Act.

No compensation shall be payable by an employer under this section in respect of the incapacity or death of a workman if the incapacity begins or the death happens more than twelve months, or in the case of silicosis or asbestosis more than thirty-six months, after the workman has ceased to be employed in his employment:Provided that this subsection shall not apply to the death of a workman where his death has been preceded, whether immediately or not, by any period of incapacity in respect of which compensation is payable under this section.

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 incapacity of the workman or the date of his death if there has been no previous period of incapacity shall be treated as the date of the happening of the accident, if he is then employed by the employer from whom compensation is claimed in any employment to the nature of which the disease is due, 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.

For all other purposes of this Act the date of commencement of the incapacity of the workman, or the date on which a 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 incapacity shall be deemed to be the date of the happening of the accident.

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 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 Commissioner thinks just.

The Minister may appoint such medical practitioners to be medical referees for the purpose of determining whether the disease in respect of which compensation is claimed is in fact a disease listed in the Second Schedule and any other matter which is material for the determination of any claim for compensation under this Act.

The report of a medical referee appointed under subsection (7) may be acted upon by the Commissioner as if it were conclusive evidence of the facts certified in such report.