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Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)

Chapter IV : Certification of compensatable diseases

46. Certification committee to determine presence, nature and degree of compensatable disease

 

When the certification committee has received from the director a report in terms of section 45 or has obtained or received in terms of any other provision of this Act a report on the medical or post-mortem examination of any such person as is referred to in that section, the certification committee shall determine, in any manner it deems fit but with due regard to the prescribed standards and to the provisions of section 44—

(a) in the case of a person who has not previously been found by the committee to be suffering from a compensatable disease, whether he or she is suffering from such a disease or, as the case may be, was suffering from such a disease at the time of his death, and if so, the nature and degree of the disease;
(b) in the case of a person who has previously been found by the certification committee to be suffering from a compensatable disease, the degree of the disease.