Work Injury Compensation Act

In this Act, unless the context otherwise requires —

“approved hospital” means a hospital prescribed to be such under section 14(1);

“Assistant Commissioner” means any person appointed as an Assistant Commissioner (Work Injury Compensation) under section 2A;

“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act (Cap. 91);

“dependant”, in respect of a deceased employee, means the wife, husband, parent, grandparent, step-father, step-mother, child, grandchild, step-child, brother, sister, half-brother, half-sister, step-brother and step-sister irrespective of whether that person is actually dependent on the employee’s earnings or not and for the purpose of this definition —

“earnings” means any wages paid to the employee by the employer and any privilege or benefit which is capable of being estimated in money and includes the value of any food or quarters supplied to the employee by the employer if as a result of the accident the employee is deprived of such food or quarters; and any overtime payments or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed except —

“employee” means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether —

“employer” includes —

“injury” includes any condition specified in the Second Schedule;

“investigation officer” means any person appointed as an investigation officer under section 2A;

“medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Registration Act (Cap. 174);

“partial incapacity” means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of an employee in any employment in which he was engaged at the time of the accident resulting in his incapacity and, where the incapacity is of a permanent nature, such incapacity as reduces his earning capacity in every employment which he was able to undertake at the time of the accident: Provided that every injury specified in the First Schedule, except such injury or combination of injuries in respect of which the percentage or aggregate percentage of the loss of earning capacity as specified in that Schedule against such injury or injuries amounts to or exceeds 100%, shall be deemed to result in permanent partial incapacity;

“seaman” means any person employed as part of the crew of any Singapore ship within the meaning of the Merchant Shipping Act (Cap. 179) and includes the master of any such ship;

“total incapacity” means such incapacity whether of a temporary or permanent nature as incapacitates an employee for all work which he was capable of undertaking at the time of the accident resulting in such incapacity: Provided that permanent total incapacity shall be deemed to result from an injury or from any combination of injuries specified in the First Schedule where the percentage or aggregate percentage of the loss of earning capacity as specified in that Schedule against such injury or injuries amounts to or exceeds 100%;

“workplace” means any premises where a person is at work or is to work, for the time being works, or customarily works.

If in any proceedings for the recovery of compensation under this Act it appears to the Commissioner or the court that the contract of service or apprenticeship under which the injured person was working at the time when the accident causing the injury happened was illegal, the Commissioner or the court may, if having regard to all the circumstances of the case he or it thinks proper to do so, deal with the matter as if the injured person had at such time been a person working under a valid contract of service or apprenticeship.

Any reference to an employee who has been injured shall, unless the context otherwise requires, where the employee is dead, include a reference to his legal personal representative or to his dependants or any of them.

This Act shall apply to an accident happening to an employee outside Singapore where the employee is ordinarily resident in Singapore and is employed by an employer in Singapore but is required in the course of his employment to work outside Singapore.

This Act shall apply to an accident happening, on or after 1st April 2008, to any seaman onboard any Singapore ship within the meaning of the Merchant Shipping Act (Cap. 179), whether the ship was within or outside Singapore at the time of the accident.

The exercise and performance of the powers and duties of a department of the Government or a statutory body or authority shall, for the purposes of this Act, be deemed to be the trade or business of the Government or statutory body or authority, as the case may be.

The Commissioner may appoint such number of public officers as Assistant Commissioners (Work Injury Compensation) and investigation officers and such persons as authorised persons, as may be necessary to assist the Commissioner in the administration of this Act.

The Commissioner may delegate the exercise of all or any of the powers conferred or duties imposed upon him by this Act (except the power of delegation conferred by this subsection) to any Assistant Commissioner, investigation officer or authorised person, subject to such conditions or limitations as the Commissioner may specify.

The Minister may, by order published in the Gazette and with or without conditions, exempt any class or description of employers from all or any of the provisions of this Act.

If an exemption is granted under subsection (1) with conditions, the exemption operates only if the conditions are complied with.

Subject to subsection (3), any notice or document required or authorised to be served under this Act may be served —

Where any notice or other document to be served under this Act is —

Service of any document under this Act on a person by electronic communication may be effected only if the person gives as part of his or its address for service an email address.

This section shall not apply to notices and documents to be served in proceedings in court.

The Minister may, by order published in the Gazette, add to or amend any of the Schedules.

The Minister may, in any order made under subsection (1), make such saving or transitional provisions as may be necessary or expedient.

The Minister may, from time to time, make regulations generally for the carrying out or giving effect to the purposes and provisions of this Act.

Without prejudice to the generality of subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:

The regulations made under this section may prescribe offences in respect of the contravention of any specified provision thereof, and may prescribe that fines not exceeding $10,000 or imprisonment for a term not exceeding 6 months or both, on conviction, be imposed in respect of any such offence.

If in any employment personal injury by accident arising out of and in the course of the employment is caused to an employee, his employer shall be liable to pay compensation in accordance with the provisions of this Act.

An accident happening to an employee while he is, with the express or implied permission of his employer, travelling as a passenger by any means of transport to or from his place of work shall be deemed to arise out of and in the course of his employment if at the time of the accident the means of transport is being operated by or on behalf of his employer or by some other person by whom it is operated in pursuance of arrangements made with his employer and is not being operated in the ordinary course of a public transport service.

An accident happening to an employee in or about any premises at which he is for the time being employed for the purposes of his employer’s trade or business shall be deemed to arise out of and in the course of his employment if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue or protect persons who are, or are thought to be or possibly to be injured or imperilled, or to avert or minimise damage or loss to property.

An accident happening to an employee shall be deemed to arise out of and in the course of his employment notwithstanding that he was at the time of the accident acting in contravention of any written law or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if —

An employer shall not be liable to pay compensation in respect of —

In this section, “drug” means —

For the purposes of this Act, an accident arising in the course of an employee’s employment shall be deemed, in the absence of evidence to the contrary, to have arisen out of that employment.

If —

When an employee 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, the employee 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 an employee resulting from the employee contracting an occupational disease if the employee’s incapacity commences or his death happens more than the period specified in the third column of the Second Schedule opposite the disease after the employee ceases to be in his employment.

Subsection (3) shall not apply to the death of an employee 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 employee in a claim for compensation under this section, the date of commencement of the incapacity of the employee 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 occupational 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, in a claim for compensation under this section, the date of commencement of the incapacity of the employee, or the date on which a medical practitioner certifies that in his opinion the employee is suffering from such occupational 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 occupational disease has been contracted by a gradual process, so that 2 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 an occupational disease specified 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.

Compensation under this Act shall be payable to or for the benefit of the employee or, where death results from the injury, to the deceased employee’s estate or to or for the benefit of his dependants as provided by this Act.

Where a dependant dies before a claim under this Act is determined by the Commissioner, the legal personal representative of the dependant shall have no right to payment of compensation, and the amount of compensation shall be calculated and apportioned as if that dependant had died before the employee.

Where a deceased employee has no dependant, the compensation shall be paid into a fund to be known as the Workers’ Fund which shall be established, maintained and applied in accordance with regulations made under this Act and the person managing the Fund shall be entitled to claim the compensation.

For the purposes of this Act, the earnings of an employee shall be computed in such manner as is best calculated to give his true monthly earnings at the date of the accident, subject to the following provisions:

Where an employee is employed under contracts of service with 2 or more employers under which he worked at one time for one such employer and at another time for another such employer, his monthly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident, except contracts of service that the last-mentioned employer does not know.

Subject to subsection (1A), no payment of compensation in respect of an employee whose injury has resulted in death or permanent incapacity shall be made otherwise than by deposit with the Commissioner, and any such payment made directly to the employee or his dependant shall be deemed not to be payment of compensation for the purposes of this Act.

The Commissioner may —

The receipt of the Commissioner shall be a sufficient discharge for any compensation deposited with him.

On the deposit of any money under subsection (1) as compensation in respect of an accident resulting in the death of an employee, the Commissioner may deduct therefrom the actual amount of the expenses of the funeral of the employee or $250, whichever is the less, and may pay the same to the person by whom such expenses were incurred.

Compensation deposited in respect of an accident resulting in the death of an employee may be apportioned among one or more of the dependants of the deceased employee and in such proportion as the Commissioner thinks fit, except that where a will has been produced, such compensation may instead be paid to the estate of the deceased employee.

Compensation deposited in respect of an accident resulting in the permanent incapacity of an employee who, before the payment of such compensation is made, becomes mentally incapacitated may be payable to —

Where any lump sum deposited with the Commissioner is payable to a person who is under any legal disability or in any other case where the Commissioner considers it desirable to do so, the Commissioner may, in his discretion, order such sum to be invested, applied or otherwise dealt with for the benefit of that person in such manner and for such period as the Commissioner may determine.

Where any periodical payment of compensation for temporary incapacity is payable to any employee under a legal disability, the Commissioner may, of his own motion or on application made to him in that behalf, order that the payment be made during the disability to any dependant of the employee or to any other person whom the Commissioner thinks best fitted to provide for the welfare of the employee.

If the Commissioner is satisfied after such inquiry as he may consider necessary that no dependant of a deceased employee exists or can be traced and the circumstances are such that there is no reasonable likelihood that any dependant can be traced, the Commissioner shall pay the balance of the money deposited with him under subsection (1) to the Workers’ Fund.

Where after inquiry made of his own motion or on application made to him the Commissioner is satisfied that by reason of any change in the circumstances of any dependant, or for any other sufficient cause, an order of the Commissioner made under this section ought to be varied, the Commissioner may make such order for the variation of that order as he thinks just in the circumstances of the case.

No order prejudicial to any person shall be made under subsection (7) unless that person has been given an opportunity of showing cause why the order should not be made, and no such order shall require the repayment by a dependant of any sum already paid to him except where such payment has been obtained by fraud or other improper means.

Except as provided in this section, proceedings for the recovery of compensation for an injury under this Act shall not be maintainable unless —

No notice to the employer shall be necessary where a fatal accident has occurred.

The want of or any defect or inaccuracy in a notice shall not be a bar to the maintenance of proceedings if —

The failure to make a claim within the period specified in subsection (1) shall not be a bar to the maintenance of proceedings if it is found that the failure was occasioned by mistake, absence from Singapore or other reasonable cause.

Notice to the employer (or, if there is more than one employer, to one of such employers) in respect of an injury may be given either in writing or orally or to the foreman or other person under whose supervision the employee was employed, or to any person designated for the purpose by the employer, and shall state in ordinary language the cause of the injury and the date on which and the place at which the accident happened.

The notice if in writing may be given by delivering the notice at, or sending it by registered post addressed to, the residence or place of business of the person to whom it is to be given.

Every employer shall give notice to —

[Deleted by Act 5 of 2008]

For the purposes of this section, “employer” shall include the person, if any, referred to in section 17 as the principal.

Where any claim for compensation has been made under this Act by an employee or by a person acting on behalf of an employee who is dead or mentally incapacitated, and the Commissioner has reason to believe that there is a change during the currency of the claim in the address used by the employee or the person for the purposes of the claim, the Commissioner may serve a notice on the employee or the person, as the case may be, requesting for particulars of any change in address.

Subject to subsection (3), the employee or the person acting on behalf of an employee who is dead or mentally incapacitated, as the case may be, on whom the Commissioner has served a notice under subsection (1) shall, within a period of 14 days after the service of the notice, inform the employee’s employer and the Commissioner, in writing or in person, of any change in address.

Subsection (2) shall not apply if the compensation has been fully paid in accordance with this Act.

Notwithstanding section 13(4), if an employee or the person acting on behalf of an employee who is dead or mentally incapacitated fails, without reasonable cause, to notify the Commissioner of any change in the address as is required by subsection (2), the employee’s right to compensation shall be suspended from the 15th day after the Commissioner has served a notice under subsection (1) on the employee or the person, as the case may be.

Any suspension under subsection (4) shall cease upon the employee or the person acting on behalf of an employee who is dead or mentally incapacitated, as the case may be, providing the particulars of any change in the address used by the employee or the person for the purposes of the claim.

If at the end of 3 months after the Commissioner has served a notice referred to in subsection (1), the employee or the person acting on behalf of an employee who is dead or mentally incapacitated, as the case may be, still fails to provide the particulars of any change in the address to the Commissioner as requested by that notice, then notwithstanding section 13(4), no compensation under this Act shall be payable in respect of the claim to which the notice relates unless the Commissioner is satisfied that there was reasonable cause for the failure.

When notice of an accident has been given to an employer by an employee or on the employee’s behalf, the employer shall, before the expiry of the 5th day after the giving of the notice, offer to have the employee examined free of charge by a medical practitioner, and the employee shall submit himself for such medical examination.

Any employee who is in receipt of any periodical payment of compensation for temporary incapacity under this Act shall, if required by the employer, submit himself for such examination from time to time.

An employee shall not be required to submit himself for examination otherwise than in accordance with regulations made under this Act.

[Deleted by Act 5 of 2008]

If an employee, on being required to do so by the employer under subsection (1) or (1A) or by the Commissioner, at any time fails to submit himself for examination by a medical practitioner, his right to compensation shall be suspended until the examination has taken place; and if the failure extends over a period of 3 months from the date when the employee was required to submit himself for examination by the Commissioner, no compensation shall be payable in respect of any injury to the employee resulting from the accident unless the injury results in the death of the employee or unless the Commissioner is satisfied that there was reasonable cause for the failure.

If an employee having been so required, and before the expiry of the period within which he is liable under subsection (1) to submit himself for medical examination, voluntarily leaves, without having been so examined, the place at which he was residing at the time of the accident, his right to compensation shall be suspended until he notifies his employer of his new address and offers himself for such examination.

Where an employee whose right to compensation has been suspended under subsection (3) or (4) dies without having submitted himself for medical examination as required by those subsections, the Commissioner may, if he thinks fit, direct the payment of compensation to the dependants or the estate of the deceased employee.

Where under subsection (3) or (4) a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension.

Where an injured employee has refused to be treated by a medical practitioner or has failed to carry out or deliberately disregarded the instructions for his treatment, then —

The Minister shall from time to time prescribe which hospitals are approved hospitals for the purpose of this Act.

Where personal injury by accident arising out of and in the course of employment is caused to —

Any compensation under subsection (2) for medical treatment received by an employee at an approved hospital for personal injury by any accident arising out of and in the course of the employment shall be paid directly to the proprietor of the approved hospital, after deducting any amount previously paid by the employee in relation to the medical treatment; and the proprietor of an approved hospital shall be entitled to recover such compensation (less those deductions) directly from the employer.

Where an employee has paid for the cost of any medical treatment which an employer is liable to pay under subsection (2), the employee shall be entitled to recover such cost from the employer.

If the injured employee refuses treatment at an approved hospital and the treatment is certified by a medical practitioner to be necessary, any order of compensation made to him may, at the instance of the employer, be suspended or reviewed by the Commissioner.

Where any injury by accident arising out of and in the course of employment results in the temporary incapacity of an employee, the compensation the employer shall pay to the employee shall be a periodical payment of the amount prescribed in paragraph 4 of the Third Schedule.

Such compensation in respect of injury resulting in temporary incapacity of an employee shall be in accordance with paragraph 4 of the Third Schedule, and shall be payable not later than the same day as earnings would have been payable to the employee under the contract of service or apprenticeship under which he was employed at the time of the accident (except that the interval between periodical payments shall in no case exceed one month) even though —

Notwithstanding any other provision of this Act, the Commissioner may order the employee to refund to the employer any payment made by the employer under subsection (1) if —

Any periodical payment for temporary incapacity payable under this Act may be reviewed by the Commissioner on the application of the employer or of the employee accompanied by a certificate of a medical practitioner that there has been a change in the condition of the employee.

Any periodical payment for temporary incapacity may, on review under this section, and subject to the provisions of this Act, be continued, increased, decreased or ended.

Where any person (referred to in this section as the principal) in the course of or for the purpose of his trade or business contracts with any other person (referred to in this section as the employer) for the execution by the employer of the whole or any part of any work, or for the supply of labour to carry out any work, undertaken by the principal, the principal shall be liable to pay to any employee employed in the execution of the work any compensation which he would have been liable to pay if that employee had been immediately employed by him.

For the purposes of this section, the Commissioner shall, in his discretion and notwithstanding any claim by the employee, determine that a claim for compensation be made, or a recovery of compensation be obtained, against the principal or the employer.

Where a claim has been determined by the Commissioner to be made against the principal for compensation under subsection (1), this Act shall apply as if references to the principal were substituted for references to the employer, except that the amount of compensation shall be calculated with reference to the wages of the employee under the employer by whom he is immediately employed.

Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the person who would have been liable to pay compensation to the employee independently of this section.

Nothing in this section shall be construed as preventing the Commissioner from ordering the compensation under this Act to be recovered from the employer instead of the principal, and a claim so determined by the Commissioner to be made against a principal or an employer, as the case may be, shall not bar subsequent proceedings under this Act against the other to recover so much of the compensation as may remain unpaid.

This section shall not apply in any case where the accident occurred elsewhere than at or about the place where the principal has undertaken to execute work or which is under his control or management.

Where any injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer (referred to in this section as the third party) to pay damages in respect thereof —

Where any injury is caused to an employee by accident arising out of and in the course of his employment under circumstances which give a right to recover reduced damages in respect thereof from a third party by virtue of any wilful act or negligence of the employer or employee, any right conferred by subsection (1) on —

Where any employer has entered into a contract with any insurer in respect of any liability under this Act to any employee, then, in the event of the employer becoming bankrupt or making a composition or scheme of arrangement with his creditors, or, if the employer is a company, in the event of the company having commenced to be wound up or a receiver or manager of the company’s business or undertaking having been duly appointed or possession having been taken by or on behalf of the holders of debentures secured by a floating charge of any property comprised in or subject to the charge, the rights of the employer against the insurer as respecting that liability shall, notwithstanding anything in any written law relating to bankruptcy or the winding up of companies for the time being in force in Singapore, be transferred to and vest in the employee.

Upon any such transfer under subsection (1), the insurer shall have the same rights and remedies and be subject to the same liabilities as if the insurer were the employer, but the insurer shall not be under any greater liability to the employee than it would have been to the employer.

If the liability of the insurer to the employee is less than the liability of the employer to the employee, the employee may prove for the balance in the bankruptcy or liquidation or, as the case may be, may recover the balance from the receiver or manager.

Where in any case such as is referred to in subsection (1) the contract of the employer with the insurer is void or voidable by reason of non-compliance on the part of the employer with any terms or conditions of the contract (other than a stipulation for the payment of premiums), that subsection shall apply as if the contract were not void or voidable, and the insurer shall be entitled to prove in the bankruptcy or liquidation for the amount paid to the employee.

Subsection (3) shall not apply in any case in which the employee fails to give notice to the insurer of the happening of the accident and of any resulting incapacity as soon as practicable after he becomes aware of the institution of the bankruptcy or liquidation proceedings and that the employer was insured and with whom.

There shall be included among the debts which —

Where the compensation is a periodical payment for temporary incapacity, the amount due in respect thereof shall, for the purposes of this section, be taken to be the amount of the lump sum into which the periodical payment for temporary incapacity could, if commutable, be commuted if application were made for the purpose under section 16 and a certificate of the Commissioner as to the amount of such sum shall be conclusive proof thereof.

Subsection (4) shall apply in the case of any amount for which an insurer is entitled to prove under subsection (3), but otherwise subsection (4) shall not apply where the bankrupt or the company being wound up has entered into such a contract with the insurer as is referred to in subsection (1).

This section shall not apply where a company is wound up voluntarily for the purpose only of reconstruction or of amalgamation with another company.

Notwithstanding anything in any written law relating to the administration or distribution of estates of deceased persons for the time being in force in Singapore, where it appears to the Commissioner that compensation or interest is payable to an employee under this Act and the employee has died before such payment is made, it shall be lawful for the Commissioner to receive and pay the compensation or interest, without production of a grant of representation, to any one or more of the dependants of the deceased employee or to the estate of the deceased employee.

3(2) Where it appears to the Commissioner that compensation or interest is payable to an employee under this Act and the employee is mentally incapacitated before such payment is made, it shall be lawful for the Commissioner to receive and pay the compensation or interest to any one or more of the dependants of the employee for the benefit of the employee without the appointment of any committee or committees of the employee and estate of the employee required under the Mental Disorders and Treatment Act (Cap. 178).

Every employer shall insure and maintain insurance under one or more approved policies with an insurer within the meaning of the Insurance Act (Cap. 142) against all liabilities which he may incur under the provisions of this Act in respect of any employee employed by him unless the Minister, by notification in the Gazette, waives the requirement of such insurance in relation to any employer.

The Minister may, from time to time, prescribe the minimum amounts for which an employer shall insure himself in respect of any of his liabilities under this Act.

For the avoidance of doubt, an employer shall be liable to pay any liability that he may incur under this Act in excess of the insurance limits that the Minister may prescribe under subsection (2).

In this section, “approved policy” means a policy of insurance not subject to any conditions or exceptions prohibited by regulations made under this Act.

Any conditions or exceptions imposed in a policy of insurance by any insurer which are prohibited by regulations made under this Act shall not absolve the insurer’s liability under the policy.

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 for any injury resulting from an accident —

A notice of assessment of compensation referred to in subsection (2)(a) that is served under subsection (2) on an employer and the person claiming compensation 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 section 25D on —

Any notice of assessment of compensation referred to in subsection (2)(b) that is served under subsection (2) on an employer and the person claiming compensation shall have the effect of an order under section 25D on the 15th day after the notice of assessment is served if no objection is received by the Commissioner within a period of 14 days after the service of the notice.

No appeal shall lie against any order under subsection (3) or (3A).

The employer shall pay the amount of compensation determined to the Commissioner or such person claiming compensation as the Commissioner may direct —

[Deleted by Act 5 of 2008]

Any assessment of compensation made by the Commissioner under this section may, in any case involving any prescribed occupational disease specified in the Second Schedule, be reviewed at any time within 3 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 occupational disease and that the amount of compensation originally assessed is substantially inadequate.

The Commissioner shall, where a review under subsection (6) has been made, issue a notice of assessment of additional compensation payable by the employer.

This section and section 25 shall apply to a notice of assessment of additional compensation under subsection (7) as they apply to a notice of assessment of compensation.

If any employer or person claiming compensation objects to any notice of assessment of compensation issued by the Commissioner under section 24(2), he shall, within a period of 14 days after the service of the notice of assessment (or such longer period as the Commissioner may, in his discretion, allow in any particular case), give notice of his objection in the prescribed form and manner to the Commissioner stating precisely the grounds of his objection.

The Commissioner shall disregard any ground of objection that is contained in any notice of objection given outside of the period allowed for objections under subsection (1).

Notwithstanding anything in this Act, the Commissioner may, at any time after a claim for compensation has been made under section 11, make such order or give such direction as he thinks fit, including the direction for any person in relation to the claim to appear before him, for the determination of the claim.

Where any party fails to comply with any order made or direction given by the Commissioner under subsection (1), the Commissioner may dismiss the claim or make such other order as he thinks fit.

The Commissioner may, in exercising his powers under subsection (1), make such order as to costs as he thinks fit.

Any order or direction made or given against any person who does not appear before the Commissioner when directed to do so under subsection (1) may be set aside or varied by the Commissioner on such terms as he thinks just.

Without prejudice to the generality of section 25A(1), at any time after a claim for compensation has been made under section 11, the Commissioner may direct parties to attend a pre- hearing conference by serving a notice to the parties.

At the pre-hearing conference, the Commissioner may consider any matter including the possibility of settlement of all or any of the issues for the hearing and require the parties to furnish the Commissioner with any such information and document as he thinks fit, and may also give all such directions as appear to be necessary or desirable for the determination of any issue for hearing.

If any party defaults in complying with any such directions as may be given by the Commissioner under subsection (2), the Commissioner may, either in his own discretion or upon the application of any party, make a decision concerning the claim and in pursuance of that decision, make such order for payment of compensation as he thinks just.

Any order made under subsection (3) may be set aside or varied by the Commissioner, on the application of any party, on such terms, if any, as he thinks just.

At any time during the pre-hearing conference where the parties are agreeable to a settlement of some or all of the matters for hearing, the Commissioner may record that settlement and make an order to give effect to the settlement.

If, at the time appointed for the pre-hearing conference, one or more of the parties to the action or proceedings fail to attend, the Commissioner may make a decision concerning the claim and make such order as to compensation or costs as he thinks just.

An order made by the Commissioner in the absence of a party concerned or affected by the order may be set aside or varied by the Commissioner, on the application of that party, on such terms as he thinks just.

Without prejudice to the generality of subsection (1), where one or more of the parties to the action or proceedings fail to attend the pre-hearing conference, the Commissioner may, if he thinks fit, adjourn the pre-hearing conference.

The Commissioner may, for the purpose of determining any matter under this Act, appoint one or more persons possessing special knowledge of that matter to assist the Commissioner.

Where any medical board or panel has been established under this Act to assist the Commissioner to determine the extent of injury suffered by an employee in an accident, any determination by the medical board or panel as to the extent of the injury shall be treated as being conclusive by the Commissioner when assessing or determining the amount of compensation payable to the employee.

Any appearance, application or act required to be made or done by any person before or to a Commissioner (other than an appearance of a party which is required for the purpose of his examination as a witness) may be made or done on behalf of that person —

Where an order has been made or deemed to be made under section 9(5A) or (7), 13(7), 14A(3), 24, 25A, 25B, 25C or 25D, the order shall be enforced by a District Court in the same manner as a judgment of that Court and all necessary processes may be served by that Court on behalf of the Commissioner.

Where an order for compensation has been made under section 25B, 25C or 25D, the employer shall, within a period of 21 days after the order is made, pay the Commissioner or such other person as the Commissioner may direct, the amount of compensation so ordered.

No sale of immovable property shall for the purposes of such enforcement be ordered except by the High Court.

Where an employer fails to pay compensation in accordance with section 24(4) or 28(1A), or where an employer fails to make a deposit with the Commissioner under section 29(3), the employer shall be liable to pay the Commissioner or such other person as the Commissioner may direct, interest on the amount unpaid at such prescribed rate subject to the following provisions:

Any interest under subsection (1) shall be payable —

Subject to section 24(3B), any person aggrieved by any order of the Commissioner made under this Act may appeal to the High Court whose decision shall be final.

Subject to the Rules of Court, the procedure in an appeal to the High Court shall be the procedure in a civil appeal from a District Court with such modifications as the circumstances may require.

No appeal shall lie against any order unless a substantial question of law is involved in the appeal and the amount in dispute is not less than $1,000.

Notwithstanding any appeal under this section, the employer shall deposit with the Commissioner the amount of compensation ordered by the Commissioner under section 25B, 25C or 25D within 21 days from the date of the Commissioner’s decision, and the deposit shall be held by the Commissioner pending the outcome of the appeal.

For the purposes of this Act, the Commissioner shall have all the powers of a District Judge for the summoning and examination of witnesses and the administration of oaths or affirmations and for compelling the production of documents and material objects.

The Commissioner shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and the memorandum shall be signed by the Commissioner with his own hand and shall form part of the record.

The evidence of any medical witness shall be taken down as nearly as may be word for word.

Any person who in any way wilfully obstructs the service of or obedience to any summons and any person summoned who neglects to attend and to produce documents as required in such summons and any person who commits in respect of any proceedings under this Act any offence described in Chapter X of the Penal Code (Cap. 224) shall be punishable on conviction as provided in that Chapter.

Every person who gives evidence before the Commissioner shall be bound to answer truthfully all questions put to him by the Commissioner.

Any person who wilfully makes any false statement or who gives any evidence in any proceedings under this Act which he knows to be untrue, or who does any other act, which if done in any judicial proceedings would be punishable under Chapter XI of the Penal Code, shall be punishable on conviction as provided in that Chapter.

Where an employer has incurred any liability to pay compensation or interest under this Act in respect of any accident occurring while there was in force an approved policy of insurance covering that liability, proceedings to enforce a claim in respect of that liability under sections 24, 25, 28A and 29 may be brought against the insurer as if he were the employer.