Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)Chapter VI : Compensation Generally99. Where disease not due exclusively to work or risk work at mine or works |
| (1) | No person shall be entitled to any benefit or other amount under this Act in respect of any compensatable disease which, in the opinion of the certification committee, is attributable exclusively to work other than work at a mine or works. |
[Section 99(1) substituted by section 5 of the Occupational Diseases in Mines and Works Amendment Act, No. 30 of 1978]
| (2) | When the certification committee has found that any person is, or that any deceased person was at the time of his death, suffering from a compensatable disease (including tuberculosis) attributable mainly to the performance at a mine or works of work other than risk work, benefits shall be awarded to or in respect of such person as if the disease were attributable to the performance of risk work at a controlled mine or a controlled works. |
| (3) | When the certification committee has found that any person is suffering from a compensatable disease which, in the opinion of that committee, is attributable partly but not mainly to work at a mine or works, the commissioner may in his discretion award to or in respect of such person who is not in receipt of full benefits in respect of that disease under the Workmen’s Compensation Act, 1941 (Act No. 30 of 1941), or any other law, benefits not exceeding one-half of the benefits provided for in this Act. |