Military Pensions Act, 1976 (Act No. 84 of 1976)15. Medical appeal board |
| (1) | The Minister shall, whenever necessary, appoint, on such conditions as he may determined, a medical appeal board consisting of not fewer than three medical practitioners, for the purpose of considering any appeal in terms of section 14(1)(a). |
| (2) | One of the members of a medical appeal board shall, if the appellant concerned so requests, be a medical practitioner nominated by him. |
| (3) | In considering an appeal referred to in subsection (1)— |
| (a) | a medical appeal board may inspect all the documents in the possession or under the control of the Director-General relating to the pensionable disability or previous pension disability of the appellant or which the appellant submits to the board with regard to his said disability; |
| (b) | a medical appeal board or a member thereof may carry out a medical or psychological examination on the appellant and the board may take the findings at such examination into account in considering the appeal; |
| (c) | a medical appeal board may direct that a medical or psychological examination be carried out on the appellant by a medical practitioner nominated by the board and that the board be furnished with a report on such examination, which shall be taken into account in considering the appeal; |
| (d) | a medical appeal board may take such steps as it may think fit to determine the degree of the pensionable disability or previous pensionable disability of the appellant. |
| (4) | A medical appeal board considering an appeal in terms of this section may confirm, increase or reduce the degree of the pensionable disability or previous pensionable disability under appeal. |
[Section 15(4) substituted by section 64 of Act No. 88 of 1996 (Notice No. 1888, GG 17599, dated 22 November 1996)]
| (5) | Notwithstanding the provisions of subsection (4), the Director-General may review the degree of the pensionable disability or previous pensionable disability of any person after expiry of a period of six months after the date of a decision by a medical appeal board thereon in terms of that subsection, if it is proved to his satisfaction that after the date of such decision a substantial change in the degree of the said disability has occurred. |
| (6) | Any decision of the Director-General in terms of subsection (5) shall be subject to appeal in terms of this section. |
[Section 15 substituted by section 18 of Act No. 96 of 1983 (Notice No. 1523, GG 8809, dated 13 July 1983)]