Chapter VII: Occupational diseases

65. Compensation for occupational diseases

1) Subject to the provisions of this Chapter, an employee shall be entitled to the compensation provided for and prescribed in this Act if it is proved to the satisfaction of the Director-General--

1. that the employee has contracted a disease mentioned in the first column of Schedule 3 and that such disease has arisen out of and in the course of his or her employment; or
2. that the employee has contracted a disease other than a disease contemplated in paragraph (a) and that such disease has arisen out of and in the course of his or her employment.

2) If an employee has contracted a disease referred to in subsection (1) and the Director-General is of the opinion that the recovery of the employee is being delayed or that his temporary total disablement is being prolonged by reason of some other disease of which the employee is suffering, he may approve medical aid also for such other disease for so long as he may deem it necessary.

3) If an employee has contracted a disease referred to in subsection (1) resulting in permanent disablement and that disease is aggravated by some other disease, the Director-General may in determining the degree of permanent disablement have regard to the effect of such other disease.

4) Subject to section 66, a right to benefits in terms of this Chapter shall lapse if any disease referred to in subsection (1) is not brought to the attention of the commissioner or the employer or mutual association concerned, as the case may be, within 12 months from the commencement of that disease.

5) For the purposes of this Act the commencement of a disease referred to in subsection (1) shall be deemed to be the date on which a medical practitioner diagnosed that disease for the first time or such earlier date as the Director-General may determine if it is more favourable to the employee.

6) The provisions of this Act regarding an accident shall apply mutatis mutandis to a disease referred to in subsection (1), except where such provisions are clearly inappropriate.

66. Presumption regarding cause of occupational disease

If an employee who has contracted an occupational disease was employed in any work mentioned in Schedule 3 in respect of that disease, it shall be presumed, unless the contrary is proved, that such disease arose out of and in the course of his employment.

67. Calculation of compensation

1) Compensation for a disease referred to in section 65(1) shall be calculated on the basis of the earnings of the employee calculated mutatis mutandis in accordance with the provisions of section 63 and the disablement of the employee at the time of the commencement of the disease or such earlier date as the Director-General may determine, if it is proved to his satisfaction that the employee was suffering from the disease at an earlier date, whichever earnings are more favourable to the employee.

2) If an employee is no longer in employment at the time of the commencement of the said disease, his earnings shall be calculated on the basis of the earnings that he would probably have been earning had he still been working.

68. Notice of occupational disease by employee and employer

1) An employee shall as soon as possible after the commencement of a disease referred to in section 65(1) give written notice thereof to his employer or to the employer where he was last employed, and he may also give written notice of the said disease in the prescribed manner to the commissioner.

2) An employer shall within 14 days after having so received notice or having learned in some other way that an employee has contracted a disease referred to in section 65(1), report such disease in the prescribed manner to the commissioner or mutual association concerned, as the case may be, irrespective of whether he may be of the opinion that the employee did not contract such disease in his employ or in the employ of a previous employer.

3) An employer who fails to comply with subsection (2) shall be guilty of an offence.

69. Amendment of Schedule 3

The Minister may on the recommendation of the Director-General, and after consultation with the Board and the chairpersons of the medical advisory panels, amend Schedule 3 by notice in the Gazette, also with retrospective effect, in respect of the description of the diseases and work: Provided that at least 60 days before any such amendment a notice shall be published in the Gazette--

1. of the intention to effect an amendment and the proposed content of the amendment; and
2. in which any person who wishes to comment on the proposed amendment is invited to submit such comment in writing to the commissioner within the period mentioned in the notice.

70. Appointment of medical advisory panels

1) The Director-General may on a regional basis appoint medical advisory panels which shall consist of as many members as he or she may deem necessary to--

1. assist him with regard to the diagnosis of occupational diseases in individual cases;
2. advise him regarding the inclusion of occupational diseases in Schedule 3;
3. advise him regarding general policy concerning the diagnosis of, and disablement as a result of, occupational diseases.

2) A member of a medical advisory panel shall be paid the prescribed remuneration and travelling and subsistence allowances out of the compensation fund.

3) The Director-General shall designate a member of a medical advisory panel as chairman thereof.

4) The members of medical advisory panels shall be appointed by the Director-General for such period and on such conditions as he may determine, but the Director-General may at any time terminate the appointment of any member who--

1. has been guilty of misconduct or neglect of duty; or
2. is not able to perform his functions in terms of this Act properly.

5) The provisions of section 9 shall apply mutatis mutandis to members of medical advisory panels.