| (a) | in the case of pneumoconiosis, if the certification committee has found that he or she is suffering from pneumoconiosis, whether or not it has impaired his cardiorespiratory functions, and the certification committee has found a resultant permanent disability of more than 10 per cent but not more than 40 per cent; |
| (b) | in the case of a compensatable disease referred to in paragraph (d) of the definition of “compensatable disease” in section 1 (in this section referred to as “the definition”), if the certification committee has found that he or she is suffering from such a disease and the certification committee has found a resultant permanent disability of more than 10 per cent but not more than 40 per cent; |
| (c) | in the case of a compensatable disease referred to in paragraph (c), (e), (eA) or (f) of the definition, if the certification committee has found that he or she is suffering from such a disease which has permanently impaired his ability to perform his ordinary work by more than 10 per cent but by not more than 40 per cent. |
[Section 44(1) substituted by section 14 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
| (2) | For the purposes of this Act a person shall be deemed to be suffering from a compensatable disease in the second degree— |
| (a) | if the certification committee has found that he or she is suffering from more than one compensatable disease simultaneously which together have permanently impaired his ability to perform his ordinary work by more than forty percent, or that he or she is suffering from tuberculosis and another compensatable disease simultaneously; |
| (b) | in the case of pneumoconiosis, if the certification committee has found that he or she is suffering from pneumoconiosis which has permanently impaired his cardiorespiratory functions by more than forty per cent; |
| (c) | in the case of a compensatable disease referred to in paragraph (d) of the definition, if the certification committee has found that he or she is suffering from such a disease which has permanently impaired his cardio-respiratory functions by more than forty per cent; |
| (d) | in the case of a compensatable disease referred to in paragraph (e) of the definition, if the certification committee has found that he or she is suffering from such a disease which has permanently impaired his ability to perform his ordinary work by more than forty per cent; |
| (e) | in the case of a compensatable disease referred to in paragraph (f) of the definition, if the certification committee has found that he or she is suffering from such a disease which has permanently impaired his ability to perform his ordinary work by more than forty per cent; |
| (f) | in the case of a compensatable disease referred to in paragraph (c) or (eA) of the definition, if the certification committee has found that he or she is suffering from such a disease which has permanently impaired his ability to perform his ordinary work by more than 40 per cent. |
[Section 44(2)(f) inserted by section 14 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
