Workmen's Compensation Act, 1934

Treatment of partial incapacity as total incapacity.

24.—(1) Subject to the provisions of this section if a workman, who has so far recovered from the injury as to be fit for employment of a certain kind, has failed to obtain employment and it appears to the Court either—

(a) that, having regard to all the circumstances, it is probable that the workman would, but for the continuing effects of the injury, be able to obtain work in the same grade in the same class of employment as before the accident; or

(b) that his failure to obtain employment is a consequence, whether wholly or mainly, of the injury,

the Court shall order that the workman's incapacity shall be treated as total incapacity resulting from the injury for such period, and subject to such conditions, as may be provided by the order, without prejudice, however, to the right of review conferred by this Act.

(2) No order shall be made under this section if it appears to the Court that the workman has not taken all reasonable steps to obtain employment.

(3) Every order under this section shall be made subject to the condition that it shall cease to be in force if the workman receives unemployment benefit.

(4) An order under this section may be made notwithstanding that any order or orders under this section has or have been previously made in relation to the same workman in respect of the same injury.