| (a) | has in terms of an authorization, request or direction by the director performed any medical or post-mortem examination or other post-mortem service under this Act; or |
| (b) | has removed the cardio-respiratory or other organs or parts of the body of a deceased person in terms of section 34 (2) to the satisfaction of the director, |
he shall be entitled to payment, from moneys appropriated by Parliament for that purpose, of—
| (i) | any cost reasonably and necessarily incurred by him or her in order to perform such examination or service; and |
| (ii) | the fee determined by the Minister in consultation with the Minister of State Expenditure; or |
[Section 37(1)(b)(ii) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
| (iii) | in the case of an examination or service performed elsewhere than in the Republic, the fee determined by agreement between the director and the medical practitioner concerned or the authority (if any) with which arrangements were made for the performance of the examination or service in question. |
| (a) | who is in possession of a current certificate of fitness and who is employed at a controlled mine or a controlled works; or |
| (b) | who is not in possession of a current certificate of fitness and who performs any work other than risk work at a controlled mine or controlled works or is employed at a mine or works on the date on which it becomes a controlled mine or a controlled works by virtue of a notice under section 10, |
necessarily incurs any costs, or necessarily absents himself or herself from the service of the owner of the mine or works in question, in order to have his certificate of fitness renewed or to obtain a certificate of fitness in terms of any requirement of this Act or to undergo a medical examination pursuant to a direction by the director—
| (i) | the director shall, subject to such conditions as the Minister may determine in consultation with the Minister of State Expenditure, repay the said costs to that person from moneys appropriated by Parliament for that purpose; |
[Section 37(2)(b)(i) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
| (ii) | the said owner shall pay to that person his normal remuneration in respect of the period for which he or she so absents himself or herself from the owner’s service but not exceeding three days. |
| (3) | Where an application under section 32 for the medical examination of any person has been granted, such person shall be entitled to repayment, from moneys appropriated by Parliament for that purpose, and in accordance with a scale prescribed by the Minister with the concurrence of the Minister of State Expenditure, of costs incurred by him or her in order to undergo such examination— |
| (a) | if he or she is found for the first time, on the ground of such examination, to be suffering from a compensatable disease; or |
| (b) | where he or she has previously been found to be suffering from a compensatable disease, if he or she is found for the first time, on the ground of such examination, to be suffering from a compensatable disease in the second degree, within the meaning of section 44 (2); or |
| (c) | in any other case, if he or she has not received from the State a repayment of costs in respect of a medical examination which he or she underwent, during the year immediately preceding the day on which the said application reached the bureau, for the purpose of determining whether he or she is suffering from a compensatable disease. |
[Section 38(3) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
