No. 23/1948:

WORKMEN'S COMPENSATION (AMENDMENT) ACT, 1948

ARRANGEMENT OF SECTIONS

1 Definitions.

2 "The appointed day".

3 Supplementary allowance to workmen entitled to weekly payments under the Workmen's Compensation Acts, 1897 and 1900, and the Workmen's Compensation Act, 1906.

4 Amendment of section 5 of the Act of 1934.

5 Amendment of the Second Schedule to the Act of 1934.

6 Amendment of the Third Schedule to the Act of 1934.

7 Institution of proceedings to recover compensation under the Act of 1934 in non-fatal case where workman in receipt of voluntary payment.

8 Revocation of certain orders.

9 Short title and collective citation.

AN ACT TO AMEND THE ENACTMENTS RELATING TO COMPENSATION TO WORKMEN FOR INJURIES SUFFERED IN THE COURSE OF THEIR EMPLOYMENT.

[22nd December, 1948.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "the Acts of 1897 and 1900" means the Workmen's Compensation Acts, 1897 and 1900;

the expression "the Act of 1906" means the Workmen's Compensation Act, 1906;

the expression "the Act of 1934" means the Workmen's Compensation Act, 1934 (No. 9 of 1934);

the references to a weekly payment by way of compensation under the Acts of 1897 and 1900 or the Act of 1906 include references to any sum payable under section 14 of the Act of 1934.

2.—The Minister for Social Welfare may by order appoint a day to be the appointed day for the purposes of this Act, and in this Act the expression "the appointed day" means the day so appointed.

3.—Where a workman is entitled to a weekly payment by way of compensation under the Acts of 1897 and 1900 or the Act of 1906 in respect of any week commencing on or after the appointed day—

( a ) the workman shall, subject to paragraph (b) of this section, be entitled, in respect of that week, to a supplementary allowance equal to two-thirds of the weekly payment,

( b ) the supplementary allowance shall not exceed such sum as together with the weekly payment amounts to fifty shillings per week,

( c ) the supplementary allowance shall for all the purposes of the Acts of 1897 and 1900 or the Act of 1906 (whichever is appropriate) be deemed to be part of the weekly payment and shall accordingly be payable by the employer liable to make the weekly Payment.

4.—(1) In paragraph (a) of subsection (2) of section 5 of the Act of 1934, the words "five hundred pounds" shall be substituted for the words "three hundred and fifty pounds".

(2) The amendment effected by subsection (1) of this section shall not apply to any case where the accident happened before the appointed day.

5.—In sub-paragraph (c) of paragraph (1) of rule 3 of the Second Schedule to the Act of 1934, the expression "sub-paragraph (c)" shall be substituted for the expression "sub-paragraph (b)".

6.—(1) ( a ) In the Third Schedule to the Act of 1934, the following rule shall be substituted for rule 2—

"2. The weekly payment shall in no case exceed fifty shillings."

( b ) Subject to subsection (2) of this section, paragraph (a) of this subsection shall come into operation on the appointed day and shall apply in relation to the computation of a weekly payment by way of compensation under the Act of 1934, notwithstanding that the accident happened before the appointed day.

(2) Where a workman is entitled to a weekly payment by way of compensation under the Act of 1934 in respect of a week commencing before and ending on or after the appointed day, the amendment effected by subsection (1) of this section shall not apply in respect of him until the expiration of that week.

7.—(1) Where a workman is being paid, otherwise than under an order of the Court or a weekly payment agreement duly registered under Part VI of the Act of 1934, a periodical payment purporting to be by way of compensation under the Act of 1934 in respect of an injury by accident (including an accident occurring after the commencement of the Act of 1934 and before the appointed day) arising out of and in the course of his employment, the workman may, notwithstanding any rule of law or anything contained in the Act of 1934, maintain proceedings for the recovery of compensation under the Act of 1934 for such injury.

(2) Where—

( a ) proceedings are, by virtue of subsection (1) of this section, instituted by a workman for the recovery under the Act of 1934 of compensation for an injury, and

( b ) the Court decides to award compensation, and

( c ) the accident causing the injury occurred more than six months before the date of the hearing of the proceedings,

the following provisions shall have effect—

(i) if the workman was at the date of the accident under twenty-one years of age, the amount of the weekly payment may be such amount (not exceeding in any case fifty shillings per week) as would be awardable if the workman had at the time of the accident been earning the weekly sum which he would probably have been earning at the date of the hearing of the proceedings if he had remained uninjured;

(ii) if it is claimed and proved that, had the workman remained uninjured and continued in the same class of employment as that in which he was employed at the date of the accident, his average weekly earnings during the twelve months preceding the date of the hearing of the proceedings would, as the result of fluctuations in the rates of remuneration, have been greater or less by more than twenty per cent. than his average weekly earnings during the twelve months previous to the accident, the amount of the weekly payment shall be such amount (not exceeding in any case fifty shillings per week) as it would have been if the rates of remuneration obtaining during the twelve months previous to the date of the hearing of the proceedings had obtained during the twelve months previous to the accident;

(iii) if an application is subsequently made under section 25 of the Act of 1934 to review the weekly payment, the weekly payment, as fixed by the Court under this subsection, shall, for the purpose of subsection (3) of the said section 25, be deemed to have been varied by a review under the said section 25.

(3) This section shall come into operation on the appointed day.

(4) This section shall be construed as one with the Act of 1934.

8.—The Emergency Powers (No. 274) Order, 1943 (S. R. & O., No. 118 of 1943), and the Emergency Powers (No. 274) Order, 1943 (Amendment) Order, 1944 (S. R. & O., No. 3 of 1944), are hereby revoked as on and from the appointed day, but so much of those orders as relates to supplementary allowances shall continue to apply to a workman, who is entitled to a weekly payment by way of compensation under the Acts of 1897 and 1900, the Act of 1906 or the Act of 1934 in respect of a week commencing before and ending on or after the appointed day, until the expiration of that week.

9.—(1) This Act may be cited as the Workmen's Compensation (Amendment) Act, 1948 .

(2) The Act of 1934 and this Act may be cited together as the Workmen's Compensation Acts, 1934 and 1948.