Workmen's Compensation Act, 1934
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Reviews of weekly payments. |
25.—(1) Where a workman is in receipt of a weekly payment, the Court may on the application of either the employer or the workman review such weekly payment and on such review may confirm, end, diminish or increase such weekly payment, but shall not increase such weekly payment beyond the maximum amount provided under the Third Schedule to this Act. | |
(2) Where the workman was at the date of the accident under twenty-one years of age and the review takes place more than six months after the accident and the application for the review is made before, or within six months after, the workman attains the age of twenty-one years, the amount of the weekly payment may be increased to such amount as would have been awarded if the workman had at the time of the accident been earning the weekly sum which he would probably have been earning at the date of the review if he had remained uninjured. | ||
(3) Where the review takes place more than six months after the accident and it is claimed and proved that, had the workman remained uninjured and continued in the same class of employment as that in which he was employed at the date of the accident, his average weekly earnings during the twelve months immediately preceding the review would, as the result of fluctuations in rates of remuneration, have been greater or less by more than twenty per cent. than his average weekly earnings during the twelve months previous to the accident or, if the weekly payment has been previously varied on a review, during the twelve months previous to that review or the last of such reviews, the weekly payment shall be varied so as to make it such as it would have been if the rates of remuneration obtaining during the twelve months previous to the review had obtained during the twelve months previous to the accident. |