8.8.1 S41, 1971 Act

41(1) The compensation payable under this Act in respect of an injury that results in severe and permanent facial disfigurement to an employee is such amount, not exceeding $30,010 or such higher amount as is prescribed, as is determined in accordance with this section, and that compensation is payable to the employee.

41(2) For the purposes of this section:

a)facial disfigurement shall not be taken to be severe where, if the employee underwent suitable medical treatment, the disfigurement would not be severe, and

b)facial disfigurement shall not be taken to be permanent where, if the employee underwent suitable medical treatment, the disfigurement would be removed.

41(3) Where a claim is made for compensation in respect of an injury that results in facial disfigurement to an employee, the Commissioner shall arrange for the constitution of a medical board to examine the employee.

41(4) A medical board for the purpose of this section shall be constituted in accordance with section 57 except that, where practicable, the medical referee nominated by the Commissioner, or if more than one medical referee is nominated by the Commissioner at least one of those medical referees, shall be a specialist in plastic surgery.

41(5) If the employee refuses or fails to submit himself for examination by the medical board or in any way obstructs the examination, his right to compensation under this section and his right to institute or continue any proceedings under this Act in relation to compensation under this section are suspended until the examination takes place.

41(6) The members of the medical board shall, in accordance with Subsection (7), give to the Commissioner a certificate or certificates, as prescribed:

a)stating whether they are of the opinion that the injury resulted in severe and permanent facial disfigurement to the employee, and

b)if they are of that opinion – specifying the amount (not exceeding $14 000 or such higher amount as is prescribed) of the compensation that, in their opinion, should be paid in respect of that disfigurement.

41(7) Any two or more of the members of the medical board who are of the same opinion in relation to a matter referred to in paragraph (6)(a) or (b) shall give a joint certificate in relation to that matter and any member of the medical board who is not of the same opinion as the other members of the medical board in relation to such a matter shall give a separate certificate in relation to that matter.

41(8) Where a joint certificate is given by all members of the medical board, the certificate is final and:

a)in the case of a certificate stating that, in the opinion of the members of the medical board, the injury did not result in severe and permanent facial disfigurement to the employee – the certificate is, for the purposes of this Act, conclusive evidence that the injury did not result in such a disfigurement, or

b)in the case of a certificate stating that, in the opinion of the members of the medical board, the injury resulted in severe and permanent facial disfigurement to the employee:

(i)the certificate is, for the purposes of this Act, conclusive evidence that the injury resulted in such a disfigurement, and

(ii)if the certificate specifies an amount as being, in the opinion of the members of the board, the amount of the compensation that should be paid in respect of that disfigurement – the compensation payable in respect of that disfigurement is the amount so specified.

41(9) If all members of the medical board do not give a joint certificate stating whether, in their opinion, the injury resulted in a severe and permanent facial disfigurement to the employee, the Commissioner, in determining whether the injury resulted in such a disfigurement, shall have regard to the opinions expressed in the certificates given by the members of the board.

41(10) If the Commissioner determines that the injury resulted in severe and permanent facial disfigurement to the employee, the Commissioner, in determining whether the injury resulted in such a disfigurement, shall have regard to the opinions (if any) expressed in the certificates given by the members of the board.

41(11) A document purporting to be certificate referred to in this section shall unless the contrary is established, be deemed to be such a certificate and have been duly given.

41(12) Subsections 58(3) and (4) apply in relation to an examination required in pursuance of this section.

41(13) Compensation is not payable under this section in relation to an injury where that injury or another injury sustained at the same time results in the death of the employee within three months after the date of that injury or those injuries.