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

Chapter III : Certificates of fitness, and medical and other examinations

36A. Medical expenses

 

(1) The owner of a controlled mine or a controlled works shall from the date of the commencement of a compensatable disease pay the legitimate and proven cost incurred by or on behalf of a person in his or her service, or who was in his or her service at the commencement of a compensatable disease, in respect of medical aid necessitated by such disease.

[Section 36A(1) substituted by section 2 of the Occupational Diseases in Mines and Works Amendment Act, No. 60 of 2002]

 

(2) If, in the opinion of the commissioner, further medical aid in addition to that referred to in subsection (1) will reduce the disease from which the person is suffering, he or she may pay the cost incurred in respect of such further aid or direct the owner concerned to pay it.

 

(3) For the purposes of this section “owner” includes a labour broker who against payment provides a person to a client for the rendering of a service or the performance of work, and for which service or work such person is paid by the labour broker, or where a person is employed by a contractor, such contractor.

 

[Section 36A inserted by section 11 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]