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—
| (a) | in the cases where the compensation fund is liable for the payment of compensation— |
| (i) | the Legal Officer or any other person appointed by the Commissioner; and |
| (ii) | 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; |
| (b) | in the case where a mutual association is liable for the payment of compensation— |
| (i) | the mutual association; and |
| (ii) | 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; |
| (c) | 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; |
| (d) | in any other case where an employer individually liable is liable for the payment of compensation, such employer. |
| (e) | 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. |
| (f) | 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— |
| (i) | whether he contests the application and, if so, |
| (ii) | which allegations by the applicant he admits and which allegations he denies, together with such explanations and information that he may deem relevant. |
| (g) | 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— |
| (i) | whether he intends to proceed with his application and, if so, |
| (ii) | which allegations by the respondent he admits and which allegations he denies, together with such explanations and information that he may deem relevant. |
| (h) | 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. |
| (i) | 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. |
| (j) | The Commissioner may at any time extend the period prescribed by paragraphs (f), (g) or determined in terms of paragraph (h) of these rules. |
| (k) | If the Commissioner decides upon a formal hearing, he shall send a document to every party in which— |
| (i) | he sets out the facts which have been admitted and for which there is prima facie evidence in his opinion; |
| (ii) | he formulates the issue. |
| (l) | 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. |
| (m) | 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. |
