Superior Courts Act, 2013
R 385
Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)Chapter VII : Occupational diseases67. Calculation of compensation |
| (1) | Compensation for a disease referred to in section 65(1) shall be calculated on the basis of the earnings of the employee calculated with necessary changes required by the context, in accordance with the provisions of section 63 and the disablement of the employee at the time of the commencement of the disease or such earlier date as the Commissioner may determine, if it is proved to his or her satisfaction that the employee was suffering from the disease at an earlier date, whichever earnings are more favourable to the employee. |
| (2) | If an employee is no longer in employment at the time of the commencement of the said disease, the employee’s earnings shall be calculated on the basis of the earnings that the employee would probably have been earning had the employee still been employed. |
[Section 67 substituted by section 38 of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]
