PART VIII OCCUPATIONAL DISEASES — Medical committees
107
(1) In this section "committee" means a committee of medical practitioners constituted and appointed under this section.
107(2)
Th e commission
107(a)
shall constitute a committee of medical practitioners upon the written request of a worker or the personal representative of a deceased worker where investigate and determine in relation to a claim made by a worker or the dependents of a deceased worker, the nature of an occupational disease and its relationship to the processes directly associated in the regulations with the occupational disease; or the commission shall, by a notice sent by registered mail, require the worker or dependents to appoint from the list referred to in subsection (4) one specialist within 14 days after the mailing of the notice by the commission and where the worker or dependents fail to make that appointment, the minister shall make an appointment from the list and that member shall be considered to be appointed by the worker or dependents and the appointment by the dependents under this subsection shall be effected on their behalf by the personal representative of the deceased worker concerned; the worker's condition; the cause of the worker's death;
107(i)
the request is made not later than 90 days after the making of a medical decision by the commission, or (ii) a longer period that the commission determines where the commission is of the opinion that exceptional circumstances exist; or
107(b)
may constitute a committee of medical practitioners where the commission feels it is desirable to constitute a committee. investigate and determine in respect of a number of cases based on death or disability alleged to be caused by that occupational disease. the commission shall appoint the second member of the committee from the list and the 2 members appointed by the worker or dependents and the commission shall appoint from the list the third member who shall be chairperson; and the worker's fitness for employment; the opinion of the committee as to the reasonableness of the inference that the worker died from the occupational disease;
107(3)
The purpose of a committee is to
107(4)
A committee shall consist of 3 medical practitioners recognized as specialists in the type of injury or illness for which the committee is constituted and shall be appointed from a list of specialists prepared by the commission in the manner prescribed in subsection (5).
107(5)
In the case of a committee constituted under paragraph (2)(a)
107(c)
where the members appointed by the commission and the worker or dependents are unable to agree on a third member within 2 weeks after they are appointed, the minister shall appoint from the list the third member who shall be chairperson. the worker's unfitness, where the worker is unfit for employment; whether the occupational disease is related to any of the processes associated with it in the regulations; and
107(6)
In the case of a committee constituted under paragraph (2)(b), the commission shall appoint the members of the committee and shall designate one of them as chairperson.
107(7)
A committee has the powers conferred on a commissioner under sections 8, 9 and 10 of the Public Inquiries Act, 2006 .
107(8)
A committee shall conduct those investigations and receive the evidence that it considers necessary for the determination of the questions referred to it by the commission.
107(9)
A committee shall report to the commission its findings on the nature of the occupational disease and its relationship to the processes associated with it in the regulations.
107(10)
Where a claim is made by a worker and the worker is examined, the committee shall certify to the commission
107(d)
the extent of the worker's temporary or permanent disability because of the occupational disease in respect of which the worker has claimed compensation; and other matters which may, in the opinion of the commission or the committee, be pertinent to the claim.
107(e)
other matters which may, in the opinion of the commission or the committee, be pertinent to the claim.
107(11)
W here the claim is made by the dependents of a deceased worker the committee shall certify to the commission
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