Rules and Particulars

Rules, Forms and Particulars which shall be furnished in terms of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)

I, Louis van Assen, Compensation Commissioner, hereby prescribe under section 4(2)(e) of the Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993), the following:

1. Application for increased compensation (section 56)

An application for increased compensation shall be submitted to the Commissioner on Form WG 30 (Annexure 1) with the particulars required therein and such other information and documents as the applicant may consider necessary.

Rules to facilitate the consideration of applications under section 56. In these rules a word or expression to which a meaning has been assigned in the Act shall have that meaning and, unless the context indicates otherwise-

"applicant" means the person making application;

"application"
means an application in terms of section 56 of the Act for increased compensation;

"the Act"
the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993), and also the Workmen's Compensation Act, 1941 (Act No. 30 of 1941);

"respondent"
means-

  1. in the cases where the compensation fund is liable for the payment of compensation-

    1. the Legal Officer or any other person appointed by the Commissioner; and

    2. as second respondent, the employer of the employee concerned unless the said employer has notified the Commissioner that he does not intend to intervene in the matter or fails to comply with paragraph (f) of these rules;

  2. in the case where a mutual association is liable for the payment of compensation-

    1. the mutual association; and

    2. as second respondent, the employer of the employee concerned unless the said employer has notified the Commissioner that he does not intent to intervene in the matter or has failed to comply with paragraph (f) of these rules;

  3. in the case where an employer referred to in section 84(1)(a)(i) of the Act is liable for the payment of compensation, the person concerned mentioned in section 39(2) of the Act;
  4. in any other case where an employer individually liable is liable for the payment of compensation, such employer.
  5. The Commissioner shall as soon as practicable after an application has been submitted to him send a copy thereof to the employer in question and, where appropriate, the mutual association.

  6. Within three months after a copy has so been sent, every respondent shall deliver a document to the Commissioner and the applicant in which he states-

    1. whether he contests the application and, if so,

    2. which allegations by the applicant he admits and which allegations he denies, together with such explanations and information that he may deem relevant.

  7. The applicant shall within three months after the document referred to in paragraph (f) has been delivered to him deliver a document to the Commissioner and every respondent in which he states-

    1. whether he intends to proceed with his application and, if so,

    2. which allegations by the respondent he admits and which allegations he denies, together with such explanations and information that he may deem relevant.

  8. The Commissioner may at any time request any party to supply further particulars and such party shall within the period determined by the Commissioner deliver a document with such particulars to the Commissioner.
  9. The Commissioner may at any time permit any party to amend or supplement any allegation, explanation or information in terms of paragraphs (f), (g) or (h) of these rules.
  10. The Commissioner may at any time extend the period prescribed by paragraphs (f), (g) or determined in terms of paragraph (h) of these rules.
  11. If the Commissioner decides upon a formal hearing, he shall send a document to every party in which-

    1. he sets out the facts which have been admitted and for which there is prima facie evidence in his opinion;

    2. he formulates the issue.

  12. The Commissioner may at any time before or during the hearing of his own accord or on application by one of the parties amend the formulation of the issue.
  13. A formal hearing shall not be set down or be proceeded with earlier than 30 days after the dispatch of the documents referred to in paragraph (k) of these rules or the amendment of the formulation of the issue as contemplated in paragraph (I), save with the consent of all the parties.

2. Registration of employers [section 80]

  1. An employer shall register with the Commissioner by submitting Form W As 2 (Annexure 7) with the particulars required therein to the Commissioner.
  2. An employer shall register with the Commissioner within seven days after the day on which he employs his first employee.
  3. Any employer who at the commencement of the Act has not been registered with the Workmen's Compensation Commissioner in terms of section 96 of the Workmen's Compensation Act, 1941 (Act No. 30 of 1941), shall within 14 days of such commencement register with the Commissioner.

3. Return of earnings [section 82(1)]

The return of earnings shall be on Form W As 8 (Annexure 8) with the particulars required therein, as the case may be.

4. Notice of accident by the employer [section 39(1) and (5)]

An accident shall be reported to the Commission in terms of section 39(1) and (5) of the Act submitting Form W CI 2 (E) (Annexure 13) to the Commissioner or the mutual association with the particulars required therein as the case may be.

5. Notice of accident and claim for compensation [sections 38(1) and 43(1)]

Notice of an accident and claim for compensation in terms of sections 38(1) and 43(1) of the Act shall be given by or on behalf of an employee to the employer or mutual association or the Commissioner as the case may be by submitting Form W CI 3 (Annexure 14) with the particulars required therein.

6. Notice of an occupational disease and claim for compensation [section 65(6) and 68(1)]

  1. Notice of an occupational disease or a claim for compensation shall be lodged by submitting to the employer, Commissioner or mutual association Form W CI 14 (Annexure 18) with the particulars required therein, together with such other documents that may be regarded as necessary to corroborate the claim.
  2. If the claimant becomes aware of information or acquires possession of a document which in his opinion is relevant for the decision of the claim and which is not at the disposal of the Commissioner, he shall forthwith lay such information or document before the Commissioner.

7. Notice of an occupational disease by the employer [section 68(2)]

Notice of an occupational disease shall be given in terms of section 68(2) to the Commissioner or mutual association as the case may be by submitting Form W CI 1 (E) (Annexure 12) with the particulars required therein.

8. Witnesses [sections 6 and 45]

  1. A subpoena in terms of section 6 or 45 of the Act shall be on Form WG 28 (Annexure 2) and shall be signed by the Commissioner.

  2. A subpoena can be served on the person to whom it is addressed-

    1. by delivering a copy thereof to him;
    2. by leaving a copy thereof at his place of abode, business or employment with some person apparently not less than 16 years of age and apparently residing or employed there; or
    3. by dispatching a copy thereof to him by registered or certified post at his place of abode, business or employment, or to his post office box number.

9. Objection against decision of Commissioner [section 91]

An objection against a decision of the Commissioner shall be submitted on Form WG 29 (Annexure 3) with the particulars required therein.

10. Submission of medical reports [section 74]

1) A medical report in respect of an accident shall be on Form W CI 4 (Annexure 15) and shall be posted to the employer with the particulars required therein.

2) A medical report in respect of an occupational disease shall be on Form W CI 22 (Annexure 19) and shall, with the particulars required therein, be posted to the employer or, where applicable, submitted to the Commissioner.

3) When so required further medical reports in respect of an accident shall be submitted monthly on Form W CI 5 (Annexure 16) to the Commissioner or the mutual association or employer individually liable concerned, as the case may be.

4) When so required further medical reports in respect of an industrial disease shall be submitted monthly on Form W CI 26 (Annexure 20) to the Commissioner or the mutual association or employer individually liable concerned, as the case may be.

11. Orders by Commissioner [sections 61(1), 77(2) and 87(4)]

Orders by the Commissioner under sections 61(1), 77(2) and 87(4) shall be on Forms W Ac 61 (Annexure 5), W CI 9 (Annexure 17) and W Ac 60 (Annexure 4), respectively, and shall be signed by him.

Other particulars

Notification of name of responsible person [section 39(3)].

The Commissioner shall be notified in writing of the full name, postal address, telephone and fax number of the responsible person.

Notice of formal hearing [section 45(2)]

The Commissioner shall notify the claimant in writing of the date, time and place of the formal hearing.

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