Workmen's Compensation
1
LAWS OF MALAYSIA
REPRINT
Act 273
WORKMEN'S COMPENSATION
ACT 1952
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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WORKMEN'S COMPENSATION ACT 1952
First enacted
... ... ... ... ... ...
1952 (F.M. Ordinance
No. 85 of 1952)
Revised ... ... ... ... ... ... ... ...
1982 (Act 273 w.e.f.
22 July 1982)
PREVIOUS REPRINT
First Reprint
...
...
...
...
...
2001
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LAWS OF MALAYSIA
Act 273
WORKMEN'S COMPENSATION ACT 1952
ARRANGEMENT OF SECTIONS
Section
1
Short title
PART I
INTERPRETATION AND APPLICATION
2.
Meaning of "workman"
3.
Interpretation
3A. Power to exempt
PART II
WORKMEN'S COMPENSATION FOR INJURY
4.
Employer's liability for compensation
5.
Compensation for occupational diseases
6.
Compensation limited to injuries received at work
7.
Persons entitled to compensation
8.
Amount of compensation
9.
Method of calculating earnings
10.
Distribution of compensation
11.
Compensation not to be assigned, attached or charged
12.
Notice and claim
13.
Notice to Commissioner by employer
14.
Medical examination and treatment
15.
Approved hospitals and special hospitals
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Section
16.
Review
16A. Power of review
17.
Commutation of half-monthly payments
18.
Workman leaving Malaysia to reside elsewhere
19.
Liability in case of workmen employed by contractors
20.
Remedies both against employer and stranger
21.
Bankruptcy of employer
22.
Special provisions relating to seamen
23.
Returns as to compensation
24.
Contracting out
25.
Commissioner may receive and pay to dependants money due to a dead
workman from his employer
26.
Compulsory insurance by employer
PART III
THE COMMISSIONER AND ARBITRATORS
27.
Commissioners to hold inquiries
28.
Recording of agreements
29.
Effect of failure to record an agreement
30.
Arbitrator to decide when parties fail to agree
31.
Agreement to be free of stamp duty
32.
Appearance of parties
33.
Experts to assist Arbitrator
34.
Enquiry by Arbitrator
35.
Powers of the Commissioner and of an Arbitrator
36.
Arbitrator's order to be sent to Commissioner
37.
Costs
38.
Power to submit cases
39.
Appeal from Arbitrator
40.
Enforcement of orders and agreements
41.
Limitation of workman's right of action
Workmen's Compensation
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Section
42.
Reciprocal arrangements for payment of workman's compensation.
43.
Regulations
44.
Repeal
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
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Laws of Malaysia
Workmen's Compensation
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LAWS OF MALAYSIA
Act 273
WORKMEN'S COMPENSATION ACT 1952
An Act to provide for the payment of compensation to workmen
for injury suffered in the course of their employment.
[Peninsular Malaysia--1 April 1953,
L.N. 162/1953;
Sabah and Sarawak--1 June 1981,
P.U. (A) 157/1981]
Short title
1.  This Act may be cited as the Workmen's Compensation Act
1952.
PART I
INTERPRETATION AND APPLICATION
Meaning of "workman"
2. (1) In this Act, unless the context otherwise requires, the
expression "workman", subject to the proviso to this subsection,
means any person who has, either before or after the commencement
of this Act, entered into or works under a contract of service or
of apprenticeship with an employer, whether by way of manual
labour or otherwise, whether the contract is expressed or implied
or is oral or in writing, whether the remuneration is calculated by
time or by work done and whether by the day, week, month or any
longer period:
Provided that the following persons are excepted from the definition
of "workman"--
(a) any person employed otherwise than by way of manual
labour whose earnings, calculated in accordance with
section 9, exceed five hundred ringgit a month;
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(b) a person whose employment is of casual nature and who
is employed otherwise than for the purposes of the
employer's trade or business, not being a person employed
for the purposes of any game or recreation and engaged
or paid through a club;
(c) a domestic servant;
(d) any person who is a member of the armed forces or of
any visiting force lawfully present in Malaysia;
(e) any person in the civil employment of Her Britannic
Majesty's Government in the United Kingdom, or in any
other country of the Commonwealth whose contract of
service was not made in Malaysia nor in Singapore;
(f) a person employed, or selected for employment, in a civil
capacity by the Government of Malaysia or by the
Government of any State or by any local authority before
1 April 1953 in the application of this Act in Peninsular
Malaysia, and before 1 January 1957 in the application
of this Act in Sarawak where, in consequence of injury
received by any such person in the discharge of his duties,
a pension, gratuity or other allowance which would not
be payable if such injury were received otherwise is paid
to him or, in the case of his death, to any of his dependants
as defined in this Act under any written law for the time
being in force in Malaysia or any part thereof providing
for the grant of such pension, gratuity or other allowance
(this paragraph shall not apply in Sabah);
(g) any police officer, and any other person engaged to
perform police duties in accordance with the provisions
of any written law while so performing such duties;
(h) an out-worker;
(i) a tributer;
(j) any member of the family of the employer who dwells
with him in his house;
*(k) any class of persons whom the Minister may declare not
to be workmen for the purposes of this Act.
*NOTE--see P.U. (B) 641/1976
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(2) If in any proceedings for the recovery of compensation
under this Act it appears to the Commissioner or an Arbitrator or
the Court that the contract of service or apprenticeship under
which the injured person was working at the time when the accident
causing the injury happened was illegal, the Commissioner, the
Arbitrator or the Court may, if having regard to all the circumstances
of the case he or it thinks proper so to do, deal with the matter
as if the injured person had at such time been a person working
under a valid contract of service or apprenticeship.
(3) Any reference to a workman who has been injured shall,
unless the context otherwise requires, where the workman is dead,
include a reference to his legal personal representative or to his
dependants or any of them or to any public officer whom the
Minister may appoint to act on behalf of the dependants of the
workman.
Interpretation
3. (1) In this Act, unless the context otherwise requires--
"adopted" means--
(a) in relation to Peninsular Malaysia, in reference to any
child, a child adopted in accordance with the provisions
of the Adoption Act 1952 [Act 257];
(b) *in relation to Sabah, in reference to any child, a child
a d o p t e d or whose adoption has been registered in
accordance with the provisions of any written law relating
to the adoption of children from time to time in force in
Sabah or where there is no written law then a child whom
the Commissioner certifies as having been adopted, prior
to the date of injury, in accordance with religious or
racial custom;
(c) in relation to Sarawak, in reference to any child, a child
adopted in accordance with the provisions of any written
law relating to the adoption of children from time to time
in force in Sarawak;
"adult" means a person who has completed his sixteenth year
of age and "minor" means a person who has not completed his
sixteenth year of age;
*NOTE--For modification to Federal Territory of Labuan­see P.U. (A) 273/1984.
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"approved hospital" means a hospital declared to be such under
subsection 15(1);
"Arbitrator" means a person appointed by the Minister to be an
arbitrator for workmen's compensation for such area as may be
specified in that appointment;
"Commissioner" means--
(a) in relation to Peninsular Malaysia, the Director General
of Labour and all Deputy Directors General of Labour,
State Directors of Labour and Assistant State Directors
of Labour appointed under the Employment Act 1955[Act
265] and includes such Labour Officers appointed under
the said Act as the Minister may declare to be vested
with all or any of the powers conferred or duties imposed
upon the Commissioner by this Act;
(b) *in relation to Sabah, the Director of Labour appointed
under the Labour Ordinance of Sabah [Sabah Cap. 67]
and includes a Deputy Director, an Assistant Director
and any Labour Officer appointed under the said Ordinance
whom the Minister may declare to be vested with all or
any of the powers conferred or duties imposed upon the
Commissioner under this Act;
(c) in relation to Sarawak, the Commissioner of Labour
appointed under the Labour Ordinance of Sarawak [Swk
Cap. 76] and includes a Deputy Commissioner, an Assistant
Commissioner and any Labour Officer appointed under
the said Ordinance whom the Minister may declare to be
vested with all or any of the powers conferred or duties
imposed upon the Commissioner under this Act;
"dependant" means any member of the family of a deceased
workman who wholly or in part depended upon his earnings at the
time of his death or would but for the disablement due to the
accident have been so dependent:
Provided that a person shall not be deemed to be a partial
dependant of another person unless he was dependant partially on
contributions from that other person for the provision of the ordinary
necessities of life;
*NOTE--For modification to Federal Territory of Labuan­see P.U. (A) 273/1984.
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"domestic servant" means a person employed exclusively in the
work or in connection with work of a private dwelling house and
not of any trade, business or profession carried on by the employer
in such dwelling house and includes a cook, house servant (including
bedroom and kitchen servants), waiter, butler, child's or baby's
nurse, valet, footman, gardener, washerman or washerwoman,
watchman, groom and driver or cleaner of any vehicle licensed for
private use;
"earnings" of a workman shall be deemed to include, in addition
to his actual money earnings, any privilege or benefit the value
of which is capable of being estimated in money, except--
(a) a travelling allowance;
(b) the value of any travelling concession;
(c) a contribution paid by the employer towards any pension
or provident fund;
(d) a sum paid to the workman to cover any special expenses
incurred by him by reason of the nature of his employment:
Provided that in the case of temporary disablement such privileges
and benefits as the injured workman or any of his dependants
continue to enjoy during the period of his said disablement to work
shall not be deemed to be benefits for the purpose of calculating
earnings;
"employer" includes the Government of Malaysia and the
Governments of each of the States; in respect of civilian employees
engaged in Malaysia or in Singapore of any visiting force lawfully
present in Malaysia or of any person in the civil employment of
the Government of any Commonwealth country, whose contract
of service was made in Malaysia or in Singapore, the Government
of that Commonwealth country; any local authority; any person or
body of persons whether statutory or incorporated or not; the legal
personal representative of a deceased employer; and in relation to
a person employed for the purpose of any game or recreation and
engaged or paid through a club, the manager or members of the
managing committee of the said club:
Provided that where the services of a workman are temporarily
lent or let on hire to another person by the person with whom the
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workman has entered into a contract of service or apprenticeship,
the latter shall, for the purposes of this Act, be deemed to continue
to be the employer of the workman whilst he is working for that
other person;
"insurer" includes any insurance society, association, company
or underwriter;
"member of the family" means wife, husband, parent, grandparent,
stepfather, stepmother, child, grandchild, stepchild, brother, sister,
half-brother, half-sister, stepbrother and stepsister:
Provided that--
(a) the child of a deceased workman shall be deemed to
include the illegitimate child of such workman and his
adopted child and any child whose adoption by him has
been registered under the Registration of Adoptions Act
1952 [Act 253], and any child under the care, custody or
control of such workman pursuant to Part III of the*Children
and Young Persons Act 1947 [Act 232]; and
(b) the parent of a deceased workman shall be deemed to
include the father and the mother of an illegitimate child
and the person who has adopted any child or has registered
the adoption of any child under the Registration of
Adoptions Act 1952, and the person who has the care,
custody or control of a child pursuant to Part III of the
Children and Young Persons Act 1947;
"out-worker" means a person to whom articles or materials are
given out to be made up, cleaned, washed, altered, ornamented,
finished or repaired or adapted for sale in his own home or on
other premises not under the control or management of the person
who gave out the materials or articles;
"partial disablement" means, where the disablement is of a
temporary nature, such disablement as reduces the earning capacity
of a workman in any employment in which he was engaged at the
time of the accident resulting in his disablement and, where the
disablement is of a permanent nature, such disablement as reduces
his earning capacity in every employment which he was able to
undertake at the time of the accident:
*NOTE--The Children and Young Persons Act 1947 [Act 232] was repealed by the Child Protection Act
1999 [Act 468]--see subsection 50(2) of Act 468 and the Act 468 has since been repealed by the Child Act
2001 [Act 611see section 130.
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Provided that every injury specified in Part II of the First Schedule
shall be deemed to result in permanent partial disablement;
"registered medical practitioner" means a medical practitioner
registered or exempted from registration under any written law
relating to the registration of medical practitioners from time to
time in force in Malaysia or any part thereof;
"registered ship" means any ship or vessel registered or licensed
in Malaysia under any law relating to the registration or licensing
of ships or vessels from time to time in force in Malaysia or any
part thereof;
"seaman" means any person forming part of the crew of any
registered ship and includes the master of any such ship;
"special hospital" means a hospital declared to be such under
subsection 15(2);
"total disablement" means such disablement whether of a temporary
or permanent nature as disables a workman for all work which he
was capable of undertaking at the time of the accident resulting
in such disablement:
Provided that permanent total disablement shall be deemed to
result from every injury specified in Part I of the First Schedule,
or from any combination of injuries resulting from a single accident
and specified in Part II of the First Schedule where the aggregate
of the losses of earning capacity specified in the said Schedule
against these injuries amounts to or exceeds one hundred per
centum;
"tributer" means a person who is permitted to win minerals or
produce of any kind from or on the land of another and who, in
consideration of such permission, gives a proportion of the minerals
or produce so won to that other person or pays to him the value
of such proportion;
*"West Malaysia" has the meaning assigned thereto in section
3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes
the Federal Territory.
*NOTE--All references to "West Malaysia" shall be construed as references to "Peninsular Malaysia"­see
Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2).
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(2) The exercise and performance of the powers and duties of
a department of the Government of Malaysia or of any State or
of any other Government or of a local authority shall, for the
purposes of this Act, be deemed to be the trade or business of such
Government or local authority, as the case may be.
Power to exempt
3A.  The Minister may by order exempt, subject to such conditions
as he may deem fit to impose, any person or class of persons from
all or any of the provisions of this Act.
PART II
WORKMEN'S COMPENSATION FOR INJURY
Employer's liability for compensation
4. (1) (a) If in any employment personal injury by accident arising
out of and in the course of the employment is caused to a workman,
his employer shall, save as hereinafter provided, be liable to pay
compensation and any expenses incurred in the treatment and
rehabilitation of such workmen under section 15 in accordance
with the provisions of this Act.
(b) An accident happening to a workman while he is, with the
express or implied permission of his employer, travelling as a
passenger by any vehicle, ship, vessel or aircraft to or from his
place of work shall, notwithstanding that he is under no obligation
to his employer to travel by such means, be deemed to arise out
of and in the course of his employment, if the accident would have
been deemed so to have arisen had he been under such an obligation,
and if at the time of the accident, the vehicle, ship, vessel or
aircraft is being operated by or on behalf of his employer or by
s o m e other person by whom it is operated in pursuance of
arrangements made with his employer and is not being operated
in the ordinary course of a public transport service except when
the injured workman is himself an employee of the public transport
service concerned and would otherwise be entitled to receive
compensation under paragraph (a) of this subsection.
(c) An accident happening to a workman in or about any premises
at which he is for the time being employed for the purposes of his
employer's trade or business shall be deemed to arise out of and
Workmen's Compensation
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in the course of his employment if it happens while he is taking
steps, on an actual or supposed emergency at those premises, to
rescue, succour or protect persons who are, or are thought to be
or possibly to be, injured or imperilled, or to avert or minimize
damage to property.
(d) An accident happening to a workman shall be deemed to
arise out of and in the course of his employment notwithstanding
that he was at the time of the accident acting in contravention of
any statutory or other regulations applicable to his employment,
or of any orders given by or on behalf of his employer, or that he
was acting without instructions from his employer, if--
(i) the accident would have been deemed to have arisen
had such act not been done in contravention as aforesaid
or without instructions from his employer, as the case
may be; and
(ii) such act was done for the purposes of and in connection
with the employer's trade or business.
(2) (a) An employer shall not be liable to pay compensation in
respect of any injury which does not disable the workman for a
period of at least four days from earning full wages at the work
at which he was employed; and no compensation shall be payable
in respect of the first four days of such disablement unless the
disablement lasts for a period of at least fourteen days.
(b) An employer shall not be liable to pay compensation in
respect of an injury to a workman resulting from an accident if it
is proved that the injury to the workman is directly attributable to
the workman having been at the time thereof under the influence
of alcohol or a drug, unless such injury results in the death.
(3) No compensation shall be payable under this Act in respect
of any disablement or death resulting from a deliberate self-injury
or the deliberate aggravation of an accidental injury.
(3A) (a) If a workman is injured or dies as a result of an accident
which occurs in Singapore or in any other territory which the
Minister may from time to time by notification in the Gazette
prescribe, in circumstances in which if such accident had happened
in Malaysia such workman would have been entitled to compensation
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under this Act, the employer of such workman shall be liable to
pay compensation in accordance with this Act: provided that either
the contract of service between such workman and his employer
is made within Malaysia or the normal place of employment of
such workman lies within Malaysia.
(b) If a workman is injured or dies as a result of an accident
in Malaysia for which compensation is payable under the Workmen's
Compensation Act of Singapore [Singapore Cap.157], the employer
of such workman shall not be liable to pay compensation under
this Act in addition to any compensation he is liable to pay under
the Workmen's Compensation Act of Singapore.
(4) No compensation shall be payable under this Act in respect
of any disablement or death resulting from personal injury, if the
workman has at any time represented to the employer that he was
not suffering or had not previously suffered from that or a similar
injury, knowing that the representation was false.
(5) For the purposes of this Act an accident arising in the course
of a workman's employment shall be deemed, in the absence of
evidence to the contrary, also to have arisen out of that employment.
Compensation for occupational diseases
5. (1) If a workman who is employed in any occupation described
in the Second Schedule contracts a disease or injury shown in the
said Schedule to be related to that occupation, or if a workman
who has been employed in such occupation contracts such a disease
or injury within twelve months after ceasing to be so employed,
and if disablement or the death of such workman results from that
disease, compensation shall be payable as if the disease were a
personal injury by accident arising out of and in the course of that
employment, and all the other provisions of this Act shall apply
accordingly, subject to the provisions of this section:
Provided that where the workman has developed any of the
diseases mentioned in the said Schedule, that disease shall, unless
the contrary is proved, be presumed to be due to the nature of the
occupation if the workman has been employed in any of the specified
occupations within thirty days of the date on which a registered
medical practitioner certifies that in his opinion the workman is
suffering from that disease.
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(2) When a workman enters into a contract of service or
apprenticeship with any employer to work in any occupation specified
in the Second Schedule or is, with his consent, transferred by his
employer to such an occupation, he shall, if requested to do so by
the employer, submit himself for examination by a registered medical
practitioner, the fee for which shall be paid by the employer; but
such workman shall not be required to submit himself for examination
by a registered medical practitioner otherwise than in accordance
with Regulations made under this Act nor at shorter intervals than
may be prescribed therein.
(3) No compensation shall be payable under this section in
respect of the disablement or death of a workman if the disablement
begins or the death happens, as the case may be, more than twelve
months after the workman has ceased to be employed in any
employment to the nature of which the disease is due by the
employer from whom the compensation is claimed:
Provided that compensation shall be payable in respect of the
death of a workman if his death has been preceded, whether
immediately or not, by any period of disablement in respect of
which compensation is payable under this section.
(4) For the purposes of calculating the monthly earnings of the
workman in a claim for compensation under this section, the date
of commencement of the disablement of the workman, or the date
of his death, if there has been no previous period of disablement,
shall be treated as the date of the happening of the accident, if he
is then employed in any employment to the nature of which the
disease is due by the employer from whom the compensation is
claimed, and if he is not then so employed, the last day on which
he was so employed shall for this purpose be deemed to be the date
of the happening of the accident.
(5) For all other purposes of this Act the date of commencement
of the disablement of the workman, or the date on which a registered
medical practitioner certifies that in his opinion the workman is
suffering from such disease, whichever date is the earlier, or the
date of his death if there has been no previous period of disablement,
shall be deemed to be the date of the happening of the accident.
(6) If the disease has been contracted by a gradual process, so
that two or more employers are severally liable to pay compensation
in respect thereof under this section, the aggregate amount of such
compensation shall not exceed the amount that would have been
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payable if those employers had been a single employer, and in
such case each of those employers shall, in default of agreement,
be liable for such proportion of the compensation payable as the
Arbitrator thinks just.
(7) Any disease specified in the Second Schedule and any
employment mentioned therein may be deleted therefrom, and new
diseases and employments may be added thereto, by the Minister.
(8) Notwithstanding the foregoing provisions of this section,
the Minister may, in respect of any disease specified in the Second
Schedule, by order require that any such disease shall be certified
by a Medical Board appointed under any Regulations made under
section 43; and in respect of any disease referred to in such order
this section and section 14 shall be construed as if for references
to a registered medical practitioner there were substituted references
to such Medical Board.
Compensation limited to injuries received at work
6.  Save as provided in sections 4 and 5 no compensation shall
be payable to a workman in respect of any disease unless the
disease is directly attributable to a specific injury by accident
arising out of and in the course of the relevant employment.
Persons entitled to compensation
7. (1) The compensation shall be payable to or for the benefit of
the workman, or, where death results from the injury, to or for the
benefit of his dependants as provided by this Act.
(2) Where there are both total and partial dependants nothing
in this Act shall be construed as preventing the compensation from
being apportioned partly to the total and partly to the partial
dependants.
(3) Where a dependant dies before a claim under this Act is
made, or, if a claim has been made, before an agreement or award
has been arrived at or made, the legal personal representative of
the dependant shall have no right to payment of compensation, and
the amount of compensation shall be calculated and apportioned
as if that dependant had died before the workman.
Workmen's Compensation
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Amount of compensation
8.  Subject to this Act the amount of compensation shall be as
follows, namely--
(a) where death has resulted from the injury, a lump sum
equal to sixty months earnings or eighteen thousand ringgit,
whichever is the less:
Provided that if the deceased workman did not leave any
dependants, the lump sum shall be the actual amount of the expenses
of the funeral of the workman or one thousand ringgit whichever
is the less;
(b) where permanent total disablement results from the injury--
(i) in the case of an adult who has completed the
eighteenth year of his age, a lump sum equal to
sixty months earnings or twenty-three thousand
ringgit, whichever is the less;
(ii) in the case of any other adult, a lump sum equal
to eighty-four months earnings or twenty-three
thousand ringgit, whichever is the less; and
(iii) in the case of a minor, a lump sum equal to one
hundred and eight months earnings or twenty-
three thousand ringgit, whichever is the less:
Provided that where an injury results in permanent
total disablement of such a nature that the injured
workman must have the constant help of another
person, additional compensation shall be paid
amounting to one quarter of the amount which is
otherwise payable under this paragraph;
(c) where permanent partial disablement results from the
injury such percentage of the compensation which would
h a v e been payable in the case of permanent total
disablement as is proportionate to the permanent loss of
earning capacity caused by the injury:
Provided that in the case of an injury specified in the
First Schedule the compensation payable shall not be less
than such percentage of the compensation which is payable
in the case of permanent total disablement as is set opposite
to that injury in the said Schedule:
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And provided further that if death follows a period of
total or partial temporary disablement, the total of all
half-monthly payments paid under paragraph (e) below
and the lump sum payable in respect of such death shall
together not exceed twenty-three thousand ringgit;
(d) where more injuries than one are caused by a single
accident and permanent disablement results the amounts
of compensation payable in respect of all such injuries
shall be aggregated but not so as to exceed in any case
the amount which would have been payable in respect of
permanent total disablement;
(e) where temporary disablement, whether total or partial,
results from the injury, a half-monthly payment payable
on the sixteenth day from the date of the disablement,
and thereafter half-monthly during the disablement or
during a period of five years, whichever period is shorter,
of one hundred and sixty-five ringgit or an amount equal
to one-third of his monthly earnings, whichever is the
less:
Provided that--
(i) where permanent disablement follows a period
not exceeding twelve months of total or partial
temporary disablement there shall not be deducted
from the lump sum payable in respect of such
permanent disablement any half-monthly payments
or allowance to which the injured workman is
e n t i t l e d and which he has received from his
employer by way of compensation;
(ii) where permanent disablement follows a period
e x c e e d i n g twelve months of total or partial
temporary disablement there shall be deducted from
the lump sum payable in respect of such permanent
d i s a b l e m e n t any half-monthly payments or
allowance to which the injured workman is entitled
and which he has received from his employer by
way of compensation in respect of any period in
excess of twelve months, subject to a maximum
deduction equivalent to the said lump sum;
Workmen's Compensation
21
(iii) where resident treatment in a hospital or outpatient
medical treatment is necessary as a result of the
accident, abstention from work for such treatment
shall be regarded as total temporary disablement
for the purposes of payment of compensation:
And provided further that no half-monthly payment shall in any
case exceed the amount, if any, by which half the amount of the
monthly earnings of the workman before the accident exceed shalf
the monthly amount which he is earning or is in the opinion of
the Commissioner able to earn in some suitable employment or
business after the accident:
And provided further that if the disablement ceases before the
date on which any half-monthly payment falls due, there shall be
payable in respect of that half-month an amount proportionate to
the duration of the disablement during that half-month.
Method of calculating earnings
9. (1) For the purposes of this Act the earnings of a workman
shall be computed in such manner as is best calculated to give his
true monthly earnings at the date of the accident, subject to the
following provisions:
(a) where the workman has been exclusively employed by
the employer who is liable to pay compensation during
a continuous period of not less than six months immediately
preceding the accident in the grade in which he was
employed at the time of the accident, his monthly earnings
shall be deemed to be the average amount of his earnings
during the last six completed months of that period;
(b) where the workman has been exclusively employed by
the employer who is liable to pay compensation in the
grade in which he was employed at the time of the accident
during a continuous period of less than six months
immediately preceding the accident and there is another
workman who has been exclusively employed on similar
work by the same employer for a continuous period of
not less than six months immediately preceding the accident,
the monthly earnings of the former workman shall be
deemed to be the average amount of the earnings of the
latter workman during the last six completed months of
that period;
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(c) where reliable evidence of the earnings of the relevant
workman under paragraph (a) or (b) does not exist or
cannot be adduced without undue delay or expense, regard
may be had to evidence of the earnings of workmen
employed on similar work in the same locality at or
about the date of the accident;
(d) where the earnings of a workman cannot be determined
according to the provisions of paragraph (a), (b) or (c)
or where the earnings of a workman have been determined
according to the provisions of paragraph (a), (b) or (c)
and are less than one hundred and twenty-six ringgit a
month, then the earnings of the workman shall be deemed
to be one hundred and twenty-six ringgit a month.
(2) Where a workman is employed in the same occupation under
contracts of service with two or more employers under which he
worked at one time for one such employer and at another time for
another such employer, his monthly earnings shall be computed
as if his earnings under all such contracts were earnings in the
employment of the employer for whom he was working at the time
of the accident.
(3) For the purposes of this section a period of service shall be
deemed to be continuous which has not been interrupted by a
period of absence from work exceeding fourteen days.
(4) Subsections (1) and (2) shall apply to the calculation of
monthly earnings for the purposes of the definition of "workman"
in section 2.
Distribution of compensation
10. (1) No payment of compensation in respect of a workman
whose injury has resulted in death, and no payment of a lump sum
as compensation to a woman or to a minor, shall be made otherwise
than by deposit with the Commissioner, and any such payment
made directly to any dependant of a deceased workman or to any
woman or minor shall be deemed not to be a payment of compensation
for the purposes of this Act.
(2) Any other money which is payable as compensation may,
and where the person to whom it is payable so requests shall, be
deposited with the Commissioner.
Workmen's Compensation
23
(3) The receipt of the Commissioner shall be a sufficient discharge
for any compensation deposited with him.
(4) On the deposit of any money under subsection (1) as
compensation in respect of an accident resulting in the death of
a workman, the Commissioner may deduct there from the actual
amount of the expenses of the funeral of the workman or one
thousand ringgit, whichever is the less, and may pay the same to
the person by whom such expenses were incurred.
( 5 ) T h e Commissioner shall make such inquiry under
section 27 as he may deem necessary to determine the number of
dependants of a deceased workman and the extent to which they
were dependent upon him, and may in respect of any dependant
or alleged dependant not being within Malaysia accept as evidence
the certificate of a competent authority holding an equivalent position
appointed under any law relating to workmen's compensation in
force in the country or territory in which such dependant or alleged
dependant resides:
P r o v i d e d that nothing herein contained shall prevent the
Commissioner from taking into consideration any other evidence
as to the existence of dependants and the extent of dependence.
(6) Compensation deposited in respect of an accident resulting
in the death of a workman shall, subject to any deduction made
under subsection (4), be apportioned among the dependants of the
deceased workman or any of them in such proportion as the
C o m m i s s i o n e r thinks fit, or may, in the discretion of the
Commissioner, be allotted to any one dependant.
(7) (a) Where any lump sum deposited with the Commissioner
is payable to a woman or to a minor or other person under a legal
disability, or where any lump sum has been deposited with the
Commissioner at the request of the person to whom it is payable,
such sum may be invested, applied or otherwise dealt with for the
benefit of the woman or of such minor or of such other person
during his disability or of the person at whose request the said sum
was so deposited, as the case may be, in such manner as the
Commissioner may direct.
(b) Where a half-monthly payment is payable to any workman
under a legal disability the Commissioner may, of his own motion
or on application made to him in that behalf, order that the payment
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be made during the disability to any dependant of the workman
or to any other person whom the Commissioner thinks best fitted
to provide for the welfare of the workman.
(c) In all other cases compensation whether or not deposited
with the Commissioner shall be paid to the person entitled thereto.
(8) If the Commissioner is satisfied after such inquiry as he
may deem necessary that no dependant of a deceased workman
exists or can be traced and the circumstances are such that there
is no reasonable likelihood that any dependant can be traced he
shall repay the balance of the money deposited with him under
subsection (1) to the person by whom it was deposited.
(9) The Commissioner shall, on application by the employer,
furnish a statement showing in detail all disbursements made.
(10) Where after inquiry made of his own motion or on application
made to him the Commissioner is satisfied that, because of neglect
of children on the part of a parent, or of the death or a change in
the circumstances of any dependant, or for any other sufficient
cause, an order of the Commissioner as to the distribution of any
sum paid as compensation or as to the manner in which any sum
payable to any such dependant is to be invested, applied or otherwise
dealt with, ought to be varied, the Commissioner may make such
orders for the variation of that order as he thinks just in the
circumstances of the case:
Provided that no such order prejudicial to any person shall be
made unless such person has been given an opportunity of showing
cause why the order should not be made, or shall in any case
involve the repayment by a dependant of any sum already paid to
him.
(11) Any party aggrieved by any order or decision of the
Commissioner under this section may, at any time within fourteen
days of the communication to him of such order or decision, apply
to the Arbitrator to vary such order or decision.
Compensation not to be assigned, attached or charged
11.  Save as provided by this Act, no lump sum or half-monthly
payment payable under this Act shall in any way be capable of
being assigned or charged or be liable to attachment or pass to any
Workmen's Compensation
25
person other than the workman by operation of law nor shall any
claim be set off against the same.
Notice and claim
12. (1) Except as provided in this section proceedings for the
recovery of compensation for an injury under this Act shall not
be maintainable unless notice of the accident in respect of which
such compensation is claimed has been given to the employer
within seven days after the happening thereof and unless a claim
for compensation with respect to such accident has been made
within six months from the happening of the accident causing the
injury, or, in case of death, within six months from the date of the
death.
(2) No notice to the employer shall be necessary where a fatal
accident has occurred.
(3) The want of or any defect or inaccuracy in such notice shall
not be a bar to the maintenance of such proceedings if the employer
is proved to have had knowledge of the accident from any other
source at or about the time of the accident, or if it is found in the
proceedings for settling the claim that the employer is not, or
would not be, if a notice or amended notice were then given and
the hearing postponed, prejudiced in his defence by such want,
defect or inaccuracy, or that such want, defect or inaccuracy was
occasioned by mistake, absence from Malaysia or other reasonable
cause.
(4) The failure to make a claim within the period above specified
shall not be a bar to the maintenance of such proceedings if it is
found that the failure was occasioned by mistake, absence from
Malaysia or other reasonable cause.
(5) Notice to the employer, or if there is more than one employer,
to one of such employers, in respect of an injury maybe given
either in writing or orally or to the foreman or other person under
whose supervision the workman was employed, or to any person
designated for the purpose by the employer, and shall state in
ordinary language the cause of the injury and the date at which
the accident happened.
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(6) The notice if in writing may be given by delivering the same
at, or sending it by registered post addressed to, the residence or
place of business of the person to whom it is to be given.
(7) Where the employer is a body of persons, corporate or
unincorporate, the notice, if in writing, may be given by delivering
it or by sending it by registered post addressed to the employer,
at the office, or, if there be more than one office, any one of the
offices, of such body.
(8) The notice hereby required may be given by the Commissioner
on behalf of any workman, and a notice so given shall have the
same effect as if given by the workman himself.
Notice to Commissioner by employer
1 3 . ( 1 ) E v e r y employer shall give notice in writing to the
Commissioner of the occurrence of any accident on his premises
in connection with anything done for the purposes of the employer's
trade or business and which results in the death or immediate
disablement total or partial of any person injured.
(2) Such notice shall be given within ten days of the occurrence
of the accident.
(3) For the purpose of this section an employer's premises
shall be deemed to include any premises under his control or
management whether exclusive or not and the approaches thereto
and any other land in fact occupied in connection therewith, whether
such approaches or other land form part of a public road or are
otherwise open to the public or not, and any place where the
person injured was required to work by his employer or his employer's
foreman or other agent; and an accident to or in connection with
any vehicle belonging to the employer or driven by a person
employed by him shall be deemed to have occurred on the employer's
premises.
(4) A notice under this section may contain a denial of liability
to pay compensation and shall not be construed as an admission
unless liability be admitted by clear and express words.
(5) Any employer failing or omitting to give notice as required
by this section shall be guilty of an offence and shall be liable,
Workmen's Compensation
27
on conviction, to a fine not exceeding five thousand ringgit for a
first offence, and a fine not exceeding ten thousand ringgit for any
subsequent offence:
Provided that no court shall take cognizance of an offence under
this section except on the complaint of the Commissioner.
(6) For the purposes of this section "employer" shall include
the person, if any, referred to in section 19 as "the principal".
Medical examination and treatment
14. (1) When notice of an accident has been given to an employer
by a workman or by the Commissioner on the workman's behalf
the employer may offer to have the workman examined, free of
charge to the workman, by a registered medical practitioner, and
the workman shall as soon as possible submit himself for such
examination; and any workman who is in receipt of a half-monthly
payment under this Act shall, if so required, submit himself for
such examination from time to time:
Provided that no workman shall be required to submit himself
for such examination otherwise than in accordance with Regulations
made under this Act.
(2) If a workman, on being required to do so by the employer
under subsection (1), or by the Commissioner, or by an Arbitrator,
at any time refuses to submit himself for examination by a registered
medical practitioner whose services have been offered to him by
the employer free of charge, or in any way obstructs the same, his
right to compensation shall be suspended during the continuance
of such refusal or obstruction.
(3) If a workman having been so required, and before the expiry
of the period within which he is liable under subsection (1), to
submit himself for medical examination, voluntarily leaves, without
having been so examined, the place at which he was residing at
the time of the accident, his right to compensation shall be suspended
until he notifies his employer of his new address and offers himself
for such examination.
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(4) Where a workman, whose right to compensation has been
suspended under subsection (2) or (3), dies without having submitted
himself for medical examination as required by those subsections,
the Commissioner may, if he thinks fit, direct the payment of
compensation to the dependants of the deceased workman.
(5) Where under subsection (2) or (3) a right to compensation
is suspended, no compensation shall be payable in respect of the
period of suspension, and, if the period of suspension commences
before the expiry of the waiting period referred to in paragraph
4(2)(a), the waiting period shall be increased by the period during
which the suspension continues.
(6) Where an injured workman has refused to be treated by a
registered medical practitioner whose services have been offered
to him by the employer free of charge or, having accepted such
offer, has failed to carry out or deliberately disregarded the instructions
for his treatment of such medical practitioner, then--
(a) where the workman is in receipt of half-monthly payments
under the provisions of this Act, the Commissioner may
order the suspension of such half-monthly payments until
such workman accepts such treatment or has carried out
such instructions, and may further, where he is satisfied
that the duration of the workman's disability has been
prolonged by such refusal, failure or disregard, order the
restriction of the period of such half-monthly payments
to such period, calculated from the date of injury, as the
disability of the workman might reasonably have been
expected to have lasted for, had he accepted treatment
and followed instructions; or
(b) where the workman has suffered permanent disablement
and the Commissioner is satisfied that such disablement
has been aggravated by such refusal, failure or disregard
the Commissioner may order that compensation be paid
to the workman appropriate to such disablement as he
might reasonably have been expected to have suffered if
he had been regularly treated by a registered medical
practitioner.
Approved hospitals and special hospitals
15. (1) The Minister of Health shall from time to time by notification
in the Gazette declare which hospitals are approved hospitals for
Workmen's Compensation
29
the purpose of this Act; and, where a workman is so injured that
a registered medical practitioner certifies that his treatment in an
approved hospital is necessary, the employer shall at his own
expense cause such workman to be conveyed to and from such
approved hospital for treatment in such manner as in the opinion
of the registered medical practitioner is appropriate to his condition.
(2) (a) Where the Minister of Health is satisfied that suitable
equipment and supervision are available in any hospital for the
treatment and convalescence of injured workmen and especially
for giving them treatment for the re-education of injured parts and
the restoration, so far as practicable, of bodily powers and general
health, he may by notification in the Gazette declare such hospital
to be a special hospital for the purpose of this Act; and any injured
workman may be admitted for treatment to such special hospital
on the recommendation of the registered medical practitioner in
charge of an approved hospital, provided that the registered medical
practitioner in charge of such special hospital certifies that in his
opinion such treatment will benefit the workman.
(b) Where any injured workman is admitted or attends for treatment
under paragraph (a) in a special hospital, his employer shall at his
own expense cause such workman to be conveyed to and from
such special hospital as the registered medical practitioner in charge
of such special hospital shall direct.
(3) Where an injured workman is admitted to or treated at either
an approved or a special hospital, the employer shall, in addition
to the payment of compensation to the workman or, where the
workman's death supervenes, to that workman's dependants, be
liable to pay directly to the management of such hospital all ward
fees and treatment fees in respect of such workman and the cost
of such medicines and of such artificial limbs, wheelchair, and
surgical appliances (including the cost of renewal of such artificial
limbs, wheelchair and surgical appliances) as are certified by the
registered medical practitioner in charge of the approved or special
hospital to be reasonably necessary and which are in fact supplied
to such workman:
Provided that the Minister shall from time to time by notification
in the Gazette prescribe the maximum amounts for which an employer
shall be liable in respect of the several fees and costs specified in
this subsection.
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(4) If the injured workman refuses treatment at an approved or
special hospital any award of compensation made to him may, at
the instance of the employer, be suspended or reviewed by the
Commissioner.
Review
16. (1) Any half-monthly payment payable under this Act, either
under an agreement between the workman and the employer and
consented to and recorded by the Commissioner or under the
award of an Arbitrator, may be reviewed by the Commissioner on
the application either of the employer or of the workman accompanied
by a certificate of a registered medical practitioner that there has
been a change in the condition of the workman.
(2) Any half-monthly payment may, on review under this section,
and subject to the provisions of this Act, be continued, increased,
decreased or ended.
Power of review
16A.  The Commissioner shall, by virtue of this subsection, have
power to review and to vary any order originally made under the
Ordinances and Enactments specified in the Third Schedule to this
Act.
Commutation of half-monthly payments
17.  Any half-monthly payments may, by agreement between the
workman and the employer consented to and recorded by the
Commissioner, or, if the workman and the employer cannot agree
or the Commissioner does not consent and the payments have been
continued for not less than six months, on application to the Arbitrator,
be commuted into a lump sum to be paid instead of such half-
monthly payments of such amount as may be agreed to by the
parties and consented to by the Commissioner or determined by
the Arbitrator, as the case may be.
Workman leaving Malaysia to reside elsewhere
18. (1) If a workman receiving a half-monthly payment intends
to leave Malaysia in order to reside in another country, he shall
give to the Commissioner fourteen days previous notice of his
Workmen's Compensation
31
intended departure; and the Commissioner shall forthwith in form
the employer who may agree with the workman to continue the
payments in the country in which the workman intends to reside,
and in default of agreement either party may apply to the Arbitrator
for the commutation of such half-monthly payments into a lump
sum to be paid instead of such half-monthly payments and the
Arbitrator shall thereupon determine the amount of such lump
sum.
(2) If a workman receiving a half-monthly payment leaves
Malaysia for the purpose of residing in another country without
giving notice as hereinbefore provided, he shall thereupon cease
to be entitled to any benefits under this Act during his absence
from Malaysia and he shall, for the purposes of paragraph 8(e) be
deemed to have received half-monthly payments during such absence.
Liability in case of workmen employed by contractors
19. (1) Where any person (in this section referred to as "the
principal") in the course of or for the purpose of his trade or
business contracts with any other person otherwise than as a tributer
(in this section referred to as "the contractor") for the execution
by or under the contractor of the whole or any part of any work
undertaken by the principal, the principal shall be liable to pay to
a n y workman employed in the execution of the work any
compensation which he would have been liable to pay if that
workman had been immediately employed by him and where a
claim has been made to the principal for compensation this Act
shall apply as if references to the principal were substituted for
references to the employer, except that the amount of compensation
shall be calculated with reference to the wages of the workman
under the employer by whom he is immediately employed.
(2) Where the principal is liable to pay compensation under this
section, he shall be entitled to be indemnified by the person who
would have been liable to pay compensation to the workman if this
section had not been enacted.
(3) Nothing in this section shall be construed as preventing a
workman from recovering compensation under this Act from the
contractor instead of the principal, and a claim made against a
principal or a contractor, as the case may be, shall not bar subsequent
proceedings under this Act against the other to recover so much
of the compensation agreed or awarded as may remain unpaid.
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(4) This section shall not apply in any case where the accident
occurred elsewhere than at or about the place where the principal
has undertaken to execute work or which is otherwise under his
control or management.
Remedies both against employer and stranger
20.  Where any injury for which compensation is payable under
this Act was caused under circumstances creating a legal liability
in some person other than the employer to pay damages in respect
thereof--
(a) the workman may take proceedings against that person
to recover damages and may claim against any person
liable to pay compensation under this Act, but he shall
not be entitled to recover both damages and compensation;
and
(b) if the workman has recovered compensation under this
Act, the person by whom the compensation was paid, and
any person who has been called upon to pay an indemnity
under subsection 19(2) shall be entitled to be indemnified
by the person so liable to pay damages as aforesaid and
all questions as to the right to and amount of any such
indemnity may, in default of agreement, be settled by an
Arbitrator.
Bankruptcy of employer
21. (1) Where any employer has entered into a contract with any
insurers in respect of any liability under this Act to any workman,
then, in the event of the employer becoming bankrupt or making
a composition or scheme of arrangement with his creditors, or, if
the employer is a company, in the event of the company having
commenced to be wound up or a receiver or manager of the company's
business or undertaking having been duly appointed or possession
having been taken by or on behalf of the holders of debentures
secured by a floating charge of any property comprised in or
subject to the charge, the rights of the employer against the insurers
as respecting that liability shall, notwithstanding anything in any
written law relating to bankruptcy or the winding-up of companies
for the time being in force in Malaysia or any part thereof, be
Workmen's Compensation
33
transferred to and vest in the workman, and upon any such transfer
the insurers shall have the same rights and remedies and be subject
to the same liabilities as if they were the employer, so, however,
that the insurers shall not be under any greater liability to the
workman than they would have been under to the employer had
the transfer not happened.
(2) If the liability of the insurers to the workman is less than
the liability of the employer to the workman, the workman may
prove for the balance in the bankruptcy or liquidation or, as the
case maybe, may recover the balance from the receiver or manager.
(3) Where in any case such as is referred to in subsection (1)
the contract of the employer with the insurers is void or voidable
by reason of non-compliance on the part of the employer with any
terms or conditions of the contract (other than a stipulation for the
payment of premia), the provisions of that subsection shall apply
as if the contract were not void or voidable, and the insurers shall
be entitled to prove in the bankruptcy or liquidation for the amount
paid to the workman:
Provided that this subsection shall not apply in any case in
which the workman fails to give notice to the insurers of the
happening of the accident and of any resulting disablement as soon
as practicable after he becomes aware of the institution of the
bankruptcy or liquidation proceedings and that the employer was
insured and with whom.
(4) There shall be included among the debts which--
(a) under section 43 of the Bankruptcy Act 1967 [Act 360],
are to be paid in priority to all other debts;
(b) under section 292 of the Companies Act 1965 [Act 125],
are to be paid in priority to all other debts; and
(c) under section 191 of the Companies Act 1965, are to be
paid in priority to any claims for principal or interest in
respect of debentures,
the amount due in respect of any compensation or liability for
compensation accrued before the following dates, that is to say:
(i) in the aforementioned case (a), the date of the order;
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(ii) i n the aforementioned case (b) , the date of the
commencement of the winding-up of the company, or,
where the company is ordered to be wound up compulsorily
and had not previously commenced to be wound up
voluntarily, the date of the winding-up order; and
(iii) in the aforementioned case (c), the date of the appointment
of the receiver or of possession being taken as mentioned
in the said section 191.
(5) Where the compensation is a half-monthly payment, the
amount due in respect thereof shall, for the purposes of this section,
be taken to be the amount of the lump sum into which the half-
monthly payment could, if commutable, be commuted if application
were made for the purpose under section 17 and a certificate of
the Commissioner as to the amount of such sum shall be conclusive
proof thereof.
(6) Subsection (4) shall apply in the case of any amount for
which an insurer is entitled to prove under subsection (3), but
otherwise those provisions shall not apply where the bankrupt or
the company being wound up has entered into such a contract with
insurers as is referred to in subsection (1).
(7) This section shall not apply where a company is wound up
voluntarily for purposes only of reconstruction or of amalgamation
with another company.
Special provisions relating to seamen
22.  This Act shall apply to seamen in the same way as to workmen,
subject to the following modifications, namely:
(a) the notice of the accident and the claim for compensation
may, except where the person injured is the master of the
ship, be served on the master of the ship as if he were
the employer, but where the accident happened and the
disablement commenced on board the ship, it shall not
be necessary for any seaman to give any notice of the
accident;
(b) in the case of the death of a master or seaman the claim
for compensation shall be made within six months after
the news of the death has been received by the claimant
Workmen's Compensation
35
or, where the ship has been or is deemed to have been
lost with all hands, within eighteen months after the date
on which the ship was, or is deemed to have been, so lost;
(c) where an injured master or seaman is discharged or left
behind in any territory in the Commonwealth or in a
foreign country depositions respecting the circumstances
and nature of the injury may be taken by any judge or
magistrate in that territory or by a consular officer in the
foreign country, and if so taken shall be transmitted by
the person by whom they are taken to the Minister, and
such depositions or certified copies thereof shall, in any
proceedings for enforcing the claim, be admissible in
evidence;
(d) in the case of the death of a master or seaman leaving
no dependants, the Commissioner shall, if the owner of
the ship is under any law relating to shipping in force for
the time being in Malaysia or any part thereof liable to
pay the expenses of burial of the master or seaman, return
to the employer the full amount of the compensation
deposited under subsection 10(1) without making the
deduction referred to in subsection (4) of that section;
(e) no half-monthly payment shall be payable in respect of
the period during which the owner of the ship is, under
any law relating to shipping in force for the time being
in Malaysia or any part thereof, liable to defray the expenses
of maintenance of the injured master or seaman;
(f) any sum payable by way of compensation by the owner
of a ship under this Act shall be paid in full notwithstanding
anything contained in section 360 of the Merchant Shipping
Ordinance 1952 [Ord. 70 of 1952] in the application of
this Act in Peninsular Malaysia, or in section 503 of the
Merchant Shipping Act 1894 [57 and 58 Vict. C. 60] of
the United Kingdom in the application of this Act to
Sabah and Sarawak.
Returns as to compensation
23. (1) The Minister may by notification in the Gazette direct that
every person employing workmen, or that any special class of such
persons, shall send at such time and in such form and to such
authority as may be specified a correct return specifying the number
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of injuries in respect of which compensation under this Act has
been paid by the employer during the previous year and the amount
of such compensation, together with such other particulars as to
the compensation as the said Minister may direct.
(2) Any person making default in complying with any direction
notified under this section shall be guilty of an offence and shall
be liable, on conviction, to a fine not exceeding five thousand
ringgit.
Contracting out
24.  Any contract or agreement whether made before, on or after
the date of coming into force of this Act whereby a workman
relinquishes any right of compensation from the employer for
personal injury arising out of or in the course of the employment
shall be null and void in so far as it purports to remove or reduce
the liability of any person to pay compensation under this Act.
Commissioner may receive and pay to dependants money due
to a dead workman from his employer
25.  Notwithstanding anything contained in any written law relating
to the administration or distribution of estates of deceased persons
for the time being in force in Malaysia or any part thereof, where
a workman has died and it appears to the Commissioner that his
dependants are entitled to compensation under this Act and that
any money not exceeding in amount the amount of his earnings
for two months as calculated under section 9 was payable to such
workman by his employer it shall be lawful for the Commissioner
in his discretion to receive that money and to pay the same to the
dependants without the production of a grant of representation.
Compulsory insurance by employer
26. (1) Every employer shall insure and keep himself insured
with an insurer within the meaning of the *Insurance Act 1963
[Act 89] in respect of every liability which he may incur under this
Act to any workman employed by him.
*NOTE--Insurance Act 1963 [Act 89] has since been repealed by Insurance Act 1996 [Act 553
see Act 553, Schedule.
Workmen's Compensation
37
(2) Notwithstanding subsection (1) the Minister may by order
approve an insurance scheme, and upon the coming into force of
the order, every employer shall insure and keep himself insured
under the approved insurance scheme in respect of any liability
which he may incur under this Act to every workman employed
by him.
(3) For the purposes of subsection (2) "approved insurance
scheme" means a scheme underwritten by an insurer registered
under the Insurance Act 1963 and established in a manner approved
by the Minister.
(4) In the event the Minister revokes an order made under
subsection (2) the provisions of subsection (1) shall apply.
(5) Any employer who for the purpose of defraying or partly
defraying the cost of insurance in respect of his liability to pay
compensation under this Act makes any deduction from the earnings
of a workman in his employment shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding five thousand
ringgit or to imprisonment for a term not exceeding one year or
to both.
(6) Any employer who fails to insure himself in accordance
with this section shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding twenty thousand ringgit or
to imprisonment for a term not exceeding two years or to both.
PART III
THE COMMISSIONER AND ARBITRATORS
Commissioners to hold inquiries
27. (1) If any question arises under this Act that question shall
be settled by agreement between the Commissioner, the workman
and the employer and for the purposes of reaching such agreement
the Commissioner may hold an inquiry:
Provided that nothing in this subsection shall affect the right of
the Commissioner to make any decision required under section 8,
10, 14 or 15.
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(2) An application to the Commissioner to settle any question
may be made by or on behalf of a workman or the employer and
shall contain a concise statement of the circumstances of the accident
and of the resulting injury:
Provided always that where the Commissioner has reasonable
cause to believe that an accident has occurred resulting in injury
to or the death of any workman he may of his own motion and
at any time hold an inquiry to ascertain whether such accident has
occurred and whether any workman has been injured and whether
any compensation payable under this Act is being paid.
(3) (a) The Commissioner may, before holding any inquiry
under this section, require a preliminary investigation to be made
by such public officer as he shall appoint in writing in that behalf
into the circumstances of any accident resulting in injury to or the
death of any workman and for this purpose section 35 shall apply
to such officer.
(b) Any public officer appointed under paragraph (a) of this
subsection to make a preliminary investigation shall, upon completing
t h e same, forward to the Commissioner the record of such
investigation and such record shall form part of the record of the
Commissioner.
(4) (a) The Commissioner may at any time, of his own motion,
or on application made by or on behalf of the workman or the
employer, reopen any inquiry held by him and may, by agreement
with the workman and the employer, confirm, amend, vary or
cancel any agreement previously reached.
(b) Section 30 shall apply if agreement is not reached under
paragraph (a) of this section.
Recording of agreements
28. (1) Where the amount of the compensation by way of a lump
sum has been ascertained by agreement between the workman and
his employer a memorandum shall, within fourteen days, be sent
by the employer (and may be sent by the workman or any dependant)
to the Commissioner, who, on being satisfied as to its genuineness
and that the amount of compensation agreed upon is adequate
shall, except as hereinafter provided in this section, record the
memorandum in a register in the prescribed manner.
Workmen's Compensation
39
(2) No such memorandum shall be recorded until seven days
have expired after communication by the Commissioner of notice
to the parties concerned.
(3) Where it appears to the Commissioner that an agreement for
the payment of a sum, whether by way of commutation of a half-
monthly payment or otherwise, or an agreement for the amount of
compensation ought not to be recorded by reason of the inadequacy
of the sum or amount or by reason of the agreement having been
obtained by fraud or undue influence or other improper means he
may refuse to record the memorandum of the agreement and if he
and the employer and the workman are unable to settle the question
by agreement, the Commissioner shall refer the matter to an Arbitrator.
(4) An agreement for the payment of compensation which has
been recorded under this section shall be enforceable under this
Act notwithstanding anything contained in the Contracts Act 1950
[Act 136] or in any other law for the time being in force.
Effect of failure to record an agreement
29.  Where a memorandum of any agreement the recording of
which is required by section 28 is not sent to the Commissioner
as and within the time required by that section the employer shall
be liable to pay the full amount of compensation which he would
otherwise be liable to pay under the provisions of this Act.
Arbitrator to decide when parties fail to agree
30. (1) If any question arises under this Act which a workman,
his employer and the Commissioner cannot settle by agreement
under section 27, such question shall be decided by an Arbitrator.
(2) A question is not settled by agreement unless the workman,
the employer and the Commissioner all signify their consent by
signing an acknowledgment of agreement or unless an agreement
b e t w e e n the workman and the employer is recorded by the
Commissioner under section 28.
(3) An application for the settlement of any question which is
addressed to an Arbitrator shall contain a certificate by the
Commissioner that he has held an inquiry under section 27 and
that agreement has not been reached.
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(4) An application requesting the decision of an Arbitrator on
any question may be drawn up and submitted to an Arbitrator by
a workman, by the employer, by the Commissioner on behalf of
a workman or by the Commissioner of his own motion, or by any
person aggrieved by any decision of the Commissioner under section
8, 10, 14 or 15.
(5) An application to an Arbitrator for the settlement of any
question shall be made in such form and shall be accompanied by
such fee, if any, as may be prescribed and shall contain, in addition
to any particulars which may be prescribed and to the certificate
under subsection (3), a concise statement of the circumstances in
which the application is made and of the relief or order which the
applicant seeks and of the questions on which agreement both has
and has not been reached:
Provided that the payment of fees shall be waived when the
Commissioner makes an application either of his own motion or
on behalf of a workman.
(6) The Commissioner shall, at the request of any person applying
for the same and upon payment of the prescribed fees, supply to
him a copy of his records together with a copy of any relevant
correspondence and shall authenticate the same.
(7) If in the course of an inquiry held by the Commissioner
u n d e r section 27 the workman and the employer and the
Commissioner all agree on any question and the Commissioner
records the agreement in writing, that question shall not be submitted
to an Arbitrator.
Agreement to be free of stamp duty
31.  No stamp duty shall be leviable or payable on any agreement
under this Act.
Appearance of parties
32. (1) Any appearance, application or act required to be made
or done by any person before or to an Arbitrator (other than an
appearance as a witness) may be made or done on behalf of such
person--
(a) by an advocate and solicitor in Peninsular Malaysia or
an advocate in Sabah and Sarawak;
Workmen's Compensation
41
(b) by an officer of a trade union or of such association or
combination of workmen or employers as may be approved
by the Minister, who is authorized by the said union,
association or combination and by the person in question
to appear on that person's behalf;
(c) where the said person is a workman, by the Commissioner;
or
(d) where the said person is an employer, by a person in his
permanent and exclusive employment or by his insurer,
or, where the insurer is a company, by an agent authorized,
generally or specifically under the seal of the company,
to represent the company in such proceedings.
(2) Where the Government is a party to any proceedings under
this Act such appearance, application or act may be made by the
head of the department by, in or under which the workman was
employed or by any officer of such department authorized in writing
by the head thereof or by any Federal Counsel.
Experts to assist Arbitrator
33.  An Arbitrator may, for the purpose of deciding any matter
referred to him for decision under this Act, choose one or more
persons possessing special knowledge of any matter relevant to the
matter under inquiry to assist him in holding the inquiry.
Enquiry by Arbitrator
34. (1) Where any matter is under this Act required to be done
by or before an Arbitrator, the same shall, subject to the provisions
of this Act and to any Regulations made there under, be done by
or before the Arbitrator for the area in which the accident which
resulted in the injury occurred:
Provided that, where the workman is a seaman, any such matter
may be done by or before the Arbitrator for the area in which the
owner or agent of the ship resides or carries on business.
(2) If an officer vested with all the powers conferred and the
duties imposed upon the Commissioner by this Act is satisfied by
any party to any proceedings before him under this Act that such
matter can be more conveniently dealt with by any other such
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officer, whether in the same State or not, he may, subject to
Regulations made under this Act, order such matter to be transferred
to such other officer either for report or for disposal, and, if he
does so, shall forthwith transmit to such other officer all documents
relevant to the decision of such matter and, where the matter is
transferred for disposal, shall also transmit in the prescribed manner
any money or securities remaining in his hands or held by him for
the benefit of any party to the proceedings.
(3) Such other officer to whom any matter is so transferred
shall, subject to Regulations made under this Act, inquire thereinto
and, if the matter was transferred for disposal, continue the
proceedings as if they had originally commenced before him.
(4) On receipt of a report from the officer to whom any matter
has been transferred for report under subsection (2) the officer by
whom it was referred shall decide the matter referred to in conformity
with such report.
Powers of the Commissioner and of an Arbitrator
35. (1) For the purposes of this Act the Commissioner and an
Arbitrator shall have all the powers of a Sessions Court Judge for
the summoning and examination of witnesses and the administration
of oaths or affirmations and for compelling the production of
documents and material objects and the Commissioner and an
Arbitrator shall be deemed to be a civil court for all the purposes
of section 129 and of Chapter XXXIV of the Criminal Procedure
Code [Act 593].
(1A) An Arbitrator may in respect of any dependant or alleged
dependant not being within Malaysia, accept as evidence the
certificate of a competent authority holding an equivalent position
to that of a Commissioner, appointed under any law relating to
workmen's compensation in force in the country or territory in
which such dependant or alleged dependant resides:
Provided that nothing herein contained shall prevent the Arbitrator
from taking into consideration any other evidence as to the existence
of dependants and the extent of dependence.
(2) The Commissioner or an Arbitrator shall make a brief
memorandum of the substance of the evidence of every witness
Workmen's Compensation
43
as the examination of the witness proceeds, and such memorandums
shall be signed by the Commissioner or the Arbitrator with his
own hand and shall form part of the record:
Provided that the evidence of any medical witness shall be taken
down as nearly as may be word for word.
(3) Any person who in any way wilfully obstructs the service
of or obedience to any summons and any person summoned who
neglects to attend and to produce documents as required in such
summons and any person who commits in respect of such enquiry
any offence described in Chapter X of the Penal Code [Act 574]
shall be guilty of an offence and shall be liable, on conviction, as
provided in Chapter X of the Penal Code.
(4) Every person who gives evidence before the Commissioner
or an Arbitrator shall be bound to answer truthfully all questions
put to him by the Commissioner or the Arbitrator and any person
who wilfully makes any false statement or who gives any evidence
in any enquiry under this Act which he knows to be untrue, or who
does any other act, which if done in a judicial proceeding would
be punishable under Chapter XI of the Penal Code, shall be guilty
of an offence and shall be liable, on conviction, as provided in that
Chapter.
(5) Every Arbitrator shall be deemed to be a public servant
within the meaning of the Penal Code.
Arbitrator's order to be sent to Commissioner
36.  When an Arbitrator has decided the question submitted to
him under section 30 he shall send a certified copy of his order
thereon to the Commissioner, before whom the original enquiry
under section 27 was held.
Costs
37.  All costs of and incidental to any proceedings before an
Arbitrator shall, subject to Regulations made under this Act, be in
the discretion of the Arbitrator, provided that no costs shall be
awarded against the Commissioner whether he appears of his own
motion or on behalf of a workman.
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Power to submit cases
38. (1) An Arbitrator may, if he thinks fit, submit any question
of law for the decision of a Judge of the High Court, and if he does
so he shall decide such question in conformity with such decision.
(2) An appeal shall lie to the Federal Court from any decision
of a Judge under this section.
Appeal from Arbitrator
39. (1) Save as hereinafter provided, no appeal shall lie to the
High Court from any order of an Arbitrator.
(2) If a Judge of the High Court shall sign a certificate that the
decision of an Arbitrator involves a question of law which it is
desirable in the public interest to have determined by the High
Court, upon an application made in that behalf by or on behalf of
a workman or his employer, an appeal shall lie to the High Court.
(3) An appeal shall lie to the Federal Court from any decision
of a Judge under this section.
(4) An appeal shall not lie in any case in which the parties have
agreed to abide by the decision of the Arbitrator or in which the
order of the Arbitrator gives effect to an agreement come to by
the parties.
(5) Subject to Rules of Court, the procedure in an appeal to the
High Court shall be the procedure in a civil appeal from a Sessions
Court with such modifications as the circumstances may require.
Enforcement of orders and agreements
40. (1) Where any order has been made by an Arbitrator or any
agreement recorded by the Commissioner, the Commissioner shall,
at the request of any person claiming under such order or agreement,
send a certified copy thereof to the Registrar of a Sessions Court
in the State wherein the order was made or the agreement recorded
and the said Registrar shall cause the said copy to be recorded and
thereupon the said order or agreement shall for all purposes be
enforceable as a judgment of the Session Court, notwithstanding
that the same may in respect of amount be in excess of the ordinary
jurisdiction of the said Court.
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45
(2) Where the Commissioner has sent a certified copy of an
order or of an agreement to the Registrar to be recorded under
subsection (1), and subsequently on review under section 10, 14,15
or 16 an order is made varying the amount of compensation to be
paid under such order or agreement, the Commissioner shall send
a certified copy of the said order or agreement as varied by him
to the said Registrar who shall cause the said copy to be recorded
and thereupon the original order or agreement as varied by the
subsequent order shall for all purposes thenceforth be enforceable
in lieu of the original order or agreement as a judgment of the
Sessions Court notwithstanding that the same may in respect of
amount be in excess of the ordinary jurisdiction of the said Court.
Limitation of workman's right of action
41. (1) Nothing contained in this Act shall be deemed to confer
any right to compensation on a workman in respect of any injury
if he has instituted and is prosecuting a suit for damages in respect
of that injury in any court against his employer or if he has recovered
damages in respect of that injury in any court from his employer;
and no suit for damages shall be maintainable in any court by a
workman against his employer in respect of any injury--
(a) if he has applied to the Commissioner to settle any question
in respect of the injury under subsection 27(2); or
(b) if an agreement has been come to between the workman
and the employer and such agreement has been recorded
under section 28; or
(c) if he has recovered damages in respect of the injury in
any court from any other person.
(2) If a suit is instituted in any court to recover damages
independently of this Act for injury caused by any accident, and
it is determined in such suit or on appeal that the injury is one for
which the employer is not liable in such suit, but that he would
have been liable to pay compensation under this Act, the suit shall
be dismissed; but the trial court, or if the determination is given
on appeal, the appellate court shall, if the workman so choose,
proceed to assess such compensation, but may deduct therefrom
all or part of the costs which, in its judgment, have been caused
by the workman instituting the suit instead of proceeding under
this Act: and in any proceedings under this subsection, when the
trial court or appellate court assesses the compensation, it shall
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give a certificate of the compensation it has awarded and the
direction it has given (if any) as to the deduction of costs and such
certificate shall have the force and effect of an Arbitrator's order.
Reciprocal arrangements for payment of workman's
compensation
4 2 . ( 1 ) W h e r e an arrangement has been made between the
Government of Malaysia and the Government of any part of the
Commonwealth, whereby sums awarded under the law relating to
workmen's compensation in Malaysia to beneficiaries resident or
becoming resident in the territory administered by any such
Government, and sums awarded under the law relating to workmen's
compensation in any such territory to beneficiaries resident or
becoming resident in Malaysia, may at the request of the authority
by which the award is made be transferred to and administered by
a competent authority in any such territory or by the Commissioner
in Malaysia, as the case may be, money in the hands of the
Commissioner shall be transferred, and money received by him
shall be administered, in the manner prescribed.
(2) In this section "the Commonwealth" shall not include such
territories administered by the Government of any part of Her
Britannic Majesty's dominions in accordance with a mandate from
the League of Nations or under the trusteeship system of the
United Nations as Her Britannic Majesty has not, by Order in
Council, directed to be treated as if they were included in Her
dominions for the purposes of the Workmen's Compensation
(Transfer of Funds) Act 1927 [17 and 18 Geo. V c. 15].
Regulations
43. (1) The Minister may make Regulations for carrying out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing, such Regulations may:
(a) prescribe the limitations subject to which officers appointed
to exercise powers and perform duties conferred and
imposed on the Commissioner may exercise and perform
such powers and duties;
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47
(b) prescribe the intervals at which and conditions subject to
which a workman may be required to submit himself for
examination by a registered medical practitioner under
sections 5 and 14;
(bb) provide for the appointment, procedure and powers of
any Medical Board required to be established for the
purpose of certifying any disease specified in the Second
Schedule, and prescribe the intervals at which and the
conditions subject to which a workman may be required
to submit himself for examination by such Board under
sections 5 and 14;
(c) prescribe the manner in which money in the hands of an
officer appointed by the Minister under this Act to exercise
and perform all or any of the powers conferred and the
duties imposed upon the Commissioner by this Act may
be invested for the benefit of dependants of a deceased
workman and transferred from one such officer to another
under section 10;
(d) prescribe the procedure for the review of compensation
by the Commissioner or an Arbitrator when an injured
workman declines treatment under subsection 14(6) or
declines treatment in either an approved or a special
hospital;
(e) prescribe the intervals at which and the conditions subject
to which an application for review may be made under
subsections 14(6), 15(4) and section 16;
(f) prescribe the procedure to be followed when a registered
medical practitioner who has examined a workman certifies
that treatment in either an approved or a special hospital
is necessary under subsection 15(1) or (2) respectively
and the procedure for the payment of hospital fees and
the cost of artificial limbs and surgical appliances under
subsection 15(3);
(g) prescribe the procedure for receiving and disposing of
money owing to deceased workman by their employers
under section 25;
(gg) (Deleted by Act A361);
(h) prescribe the procedure to be followed in investigations
or inquiries under section 27;
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(i) prescribe the form and manner in which memoranda of
a g r e e m e n t s shall be presented and recorded under
section 28;
(j) prescribe fees under section 30;
(k) prescribe the procedure for the choosing by an Arbitrator
of persons possessed of special knowledge to assist him
under section 33;
(l) regulate the transfer of matters and cases from one State
to another and the transfer of money in such cases under
section 34;
(m) prescribe scales of the costs which may be allowed for
proceedings under this Act before an Arbitrator under
section 37;
(n) prescribe the procedure for the transfer of money out of
Malaysia and for the receipt of money into Malaysia
under section 42;
(o) provide for the transfer of any money in the hands of the
Commissioner or for the receipt and administration by
the Commissioner of any money applicable for the benefit
of a person resident or about to reside in any territory in
the Commonwealth or Malaysia respectively;
(p) authorize the withholding by the Commissioner, in whole
or in part, of half-monthly payments pending decision of
an application for review of the same;
(q) provide for the representation in proceedings before an
Arbitrator of parties who are subject to legal disability
or are unable for other reasons to appear personally;
(r) provide for legal aid to workmen in difficult cases;
(s) provide for the maintenance by the Commissioners and
by Arbitrators of registers and records of proceedings
before them.
(3) All Regulations made under this Act shall be laid before the
Dewan Rakyat as soon as may be after they are made, and, if a
resolution is passed within the next subsequent three months after
any such Regulation is so laid annulling the Regulation or any part
thereof as from a specified date, such Regulation or such part
Workmen's Compensation
49
thereof, as the case may be, shall thereupon be void as from such
date, but without prejudice to the validity of anything previously
done thereunder or to the making of a new Regulation.
Repeal
44.  The Ordinances and Enactments specified in the Third Schedule
are hereby repealed.
FIRST SCHEDULE
[Sections 3 and 8]
PART I
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT
TOTAL DISABLEMENT
Serial
Description of Injury
Percentage of loss
No.
of earning capacity
1.
Loss of both hands or amputation at higher
100
sites
2.
Loss of a hand and a foot
100
3.
Double amputation through leg or thigh, or
100
amputation through leg or thigh on one side and
loss of other foot
4.
Loss of sight to such an extent as to render the
100
claimant unable to perform any work for which
eye-sight is essential
5.
Very severe facial disfigurement
100
6.
Absolute deafness
100
7.
Total paralysis
100
8.
Injuries resulting in being permanently bedridden
100
9.
Any other injury causing permanent total incapacity
100
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PART II
LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL
DISABLEMENT
Amputation--upper limbs (either arm) cases
Serial
Description of Injury
Percentage of loss
No.
of earning capacity
1.
Amputation through shoulder joint
90
2.
Amputation below shoulder with stump less
80
than 8" from tip of acromion
3.
Amputation below 8" from tip of acromion to
70
less than 41/2" below tip of olecranon
4.
Loss of a hand or of the thumb and four fingers
60
of one hand or amputation from 41/2" below tip
of olecranon
5.
Loss of thumb
30
6.
Loss of thumb and its metacarpal bone
40
7.
Loss of four fingers of one hand
50
8.
Loss of three fingers of one hand
30
9.
Loss of two fingers of one hand
20
10.
Loss of terminal phalanx of thumb
20
Amputation--lower limbs cases
11.
Amputation of both feet resulting in
90
end-bearing stumps
12.
Amputation through both feet proximal to the
80
metatarso-phalangeal joint
13.
Loss of all toes of both feet through the
40
metatarso-phalangeal joint
14.
Loss of all toes of both feet proximal to the
30
proximal inter-phalangeal joint
15.
Loss of all toes of both feet distal to the proximal
20
inter-phalangeal joint
16.
Amputation at hip
90
Workmen's Compensation
51
Serial
Description of Injury
Percentage of loss
No.
of earning capacity
17.
Amputation below hip with stump not exceeding 5"
80
in length measured from tip of great trenchanter
18.
Amputation below hip with stump exceeding 5"
70
in length measured from tip of great trenchanter
but not beyond middle thigh
19.
Amputation below middle thigh to 3 1/2"
60
below knee
20.
Amputation below knee with stump exceeding
50
3 1/2" but not exceeding 5"
21.
Amputation below knee with stump exceeding 5"
40
22.
Amputation of one foot resulting in end-bearing
30
23.
Amputation through one foot proximal to the
30
metatarso-phalangeal joint
24.
Loss of all toes of one foot through the
20
metatarso-phalangeal joint
Other injuries
25.
Loss of one eye, without complications, the
40
other being normal
26.
Loss of vision of one eye without complications
30
or disfigurement of eye-ball, the other being normal
27.
Permanent total loss of hearing in one ear
20
Loss of--
A--Fingers of right or left hand
Index finger
28.
Whole
14
29.
Two phalanges
11
30.
One phalanx
9
31.
Guillotine amputation of tip without loss of bone
5
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Serial
Description of Injury
Percentage of loss
No.
of earning capacity
Middle finger
32.
Whole
12
33.
Two phalanges
9
34.
One phalanx
7
35.
Guillotine amputation of tip without loss of bone
4
Ring or little finger
36.
Whole
7
37.
Two phalanges
6
38.
One phalanx
5
39.
Guillotine amputation of tip without loss of bone
2
B--Toes of right or left foot
Great toe
40.
Through metatarso-phalangeal joint
14
41.
Part, with some loss of bone
3
Any other toe
42.
Through metatarso-phalangeal joint
3
43.
Part, with some loss of bone
1
Two toes of one foot, excluding great toe
44.
Through metatarso-phalangeal joint
5
45.
Part, with some loss of bone
2
Three toes of one foot, excluding great toe
46.
Through metatarso-phalangeal joint
6
47.
Part, with some loss of bone
3
Workmen's Compensation
53
Serial
Description of Injury
Percentage of loss
No.
of earning capacity
Four toes of one foot, excluding great toe
48.
Through metatarso-phalangeal joint
9
49.
Part, with some loss of bone
3
(Note--complete and permanent loss of the use of any limb or member referred
to in this Schedule shall be deemed to be the equivalent of the loss of that limb
or member.)
SECOND SCHEDULE
[Section 5]
OCCUPATIONAL DISEASES
Description of occupational
Nature of occupation
diseases or injury
1.
Poisoning by:
Any occupation involving--
(a) Lead or compound of lead
the use or handling of, or exposure
to, the fumes, dust or vapour of lead
or a compound of lead or a substance
containing lead
(b) Phosphorus
the use or handling of, or exposure
to, the fumes, dust or vapour of
p h o s p h o r u s or a compound of
phosphorus or a substance containing
phosphorus
(c) Arsenic
the use or handling of, or exposure
to, the fumes, dust or vapour of arsenic
o r a compound of arsenic or a
s u b s t a n c e containing arsenic or
exposure to any solution containing
arsenic or a compound of arsenic
(d) Mercury
the use or handling of, or exposure
to, the fumes, dust or vapour of
mercury or a compound of mercury
or a substance containing mercury
(e) Carbon bisulphide
the use or handling of, or exposure
to, the fumes or vapour of carbon
bisulphide or a compound of carbon
bisulphide or a substance containing
carbon bisulphide
(f) Benzene or a homologue
the use or handling of, or exposure
to, the fumes of, or vapour containing,
benzene or any of its homologues and
their amino and nitroderivatives
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Description of occupational
Nature of occupation
diseases or injury
(g) Manganese
the use or handling of, or exposure
t o , the fumes, dust or vapour of
m a n g a n e s e or a compound of
manganese or a substance containing
manganese
(h) Beryllium
the use or handling of, or exposure
to, the fumes, dust or vapour of
beryllium or a compound of beryllium
or a substance containing
beryllium
(i) Cadmium
the use or handling of, or exposure
to, the fumes, dust or vapour of
cadmium or a compound of cadmium
or a substance containing
cadmium
(j) Antimony
the use or handling of, or exposure
to, the fumes, dust or vapour of
antimony or a substance containing
antimony
(k) Fluorine
the use or handling of, or exposure
to, the fumes, dust or vapour of fluorine
o r a compound of fluorine or a
substance containing fluorine
(l) Nickel
the use or handling of, or exposure
to, the fumes, dust or vapour of nickel
or a compound of nickel or a substance
containing nickel
(m) Chromium
the use or handling of, or exposure
to, the fumes, dust or vapour of
chromium or a compound of chromium
or a substance containing chromium
(n) Organochlorine,
the use or handling of organochlorine,
organophosphate,
organophosphate,
carbamate,
carbamate, nitrophenol,
n i t r o p h e n o l , pentachlorophenol,
pentachlorophenol,
dimethyldithiocarbamate
or
dimethyldithiocarbamate
compounds of chlorophenoxy and
or compounds of
dipyridyl for the destruction of pests
chlorophenoxy and
or vermin
dipyridyl
Workmen's Compensation
55
Description of occupational
Nature of occupation
diseases or injury
(o) Nitrous fumes
the use or handling of nitric acid or
exposure to nitrous fumes
(p) Rengas wood
the manipulation of rengas wood of
any process in or incidental to the
manufacture of articles therefrom
(q) Hydrogen cyanide or
the use or handling of, or exposure
hydrogen sulphide
to, the fumes or vapour of hydrogen
gas
cyanide or hydrogen
sulphide
(r) The halogen
the production, liberation or use of
derivatives of
hydrocarbons of the aliphatic series
aliphatic or aromatic
or aromatic series and their halogen
hydrocarbons
derivatives
(s) Alcohols, glycols,
the use or handling of, or exposure
ketones or aldehydes
to, the fumes or vapour of alcohols,
glycols, ketones or aldehydes
(t) Carbon monoxide
the use or handling of, or exposure
gas
to, carbon monoxide gas, and any
process involving the use of--
(a) dynamite and gunpowder for
blasting in subterranean galleries;
(b) illuminating gas;
(c) power or producer gas;
(d) blast furnaces, furnaces and
s t o v e s for the burning of
charcoal coke and other fuel;
(e) gas engines
(u) Carbon dioxide gas
blasting, the manufacture of mineral
waters, fermentation in breweries and
the formation of lime in lime kilns
(v) Diethylene dioxide
the use or handling of, or exposure
(dioxane)
to, the fumes of or vapour containing
diethylene dioxide
2.
Anthrax
Any occupation involving the handling
of wool, hair, bristle, hides or skins
or other animal products or residues,
or contact with animals infected with
anthrax
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ACT 273
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Description of occupational
Nature of occupation
diseases or injury
3.
Glanders
Any occupation involving contact with
equine animals or their carcasses
4.
Leptospirosis
Any occupation involving work in rat
or other rodent infested places and
any occupation involving the care or
handling of dogs, cattle, swine and
horses or any other infected animals
5. (a) Ulceration of the corneal
Any occupation involving the use or
surface of the eye
handling of, or exposure to, tar, pitch,
p a d i husk, bitumen, mineral oil
(including paraffin), soot, organic dust
or any compound, product, or residue
of any of of these substances
(b) Localized new growth of
the skin, papillomatous
or keratotic
(c) Epitheliomatous cancer
or ulceration of the skin,
due in any case to tar,
pitch, padi husk, bitumen,
mineral oil (including
paraffin), soot or any
compound, product, or
residue of any of these
substances
6.
Chrome ulceration
Any occupation involving the use or
handling of chromic acid, chromate
o r  bichromate  of  ammonium,
potassium, zinc or sodium or any
preparation or solution containing any
of these substances
7.
Inflammation, ulceration or
Any occupation involving exposure
malignant diseases of the skin
to X-rays, ionizing particles, radium,
or subcutaneous tissues or of
or other radio-active substances or
the bones, or leukaemia
other forms of radiant energy
or anaemia of the aplastic
type, due to X-ray, ionizing
particles, radium or other
radioactive substances or other
forms of radiant energy
Workmen's Compensation
57
Description of occupational
Nature of occupation
diseases or injury
8.
Toxic jaundice
Any occupation involving the use or
handling of halogenated hydrocarbon
or nitric or amidoderivatives of benzene
or other poisonous substances
9.
Heat radiation cataract
Any occupation involving frequent or
prolonged exposure to the glare of, or
rays from, molten glass or molten or
red-hot metal or frequent or prolonged
exposure to radiation
10. Subcutaneous cellulitis or
A n y occupation involving manual
acute bursitis arising at or
l a b o u r causing severe or prolonged
about the knee (Beat knee)
friction or pressure at or about the knee
11. Subcutaneous cellulitis
A n y occupation involving manual
of the hand (Beat hand)
l a b o u r causing severe or prolonged
friction or pressure on the hand
12. Subcutaneous cellulitis or
Any occupation involving manual labour
acute bursitis arising at or
causing severe or prolonged friction
about the elbow (Beat elbow)
or pressure at or about the elbow
13. Inflammation of the
Any occupation involving manual labour
synovial lining of the wrist
or frequent or repeated movement of the
joint and tendon sheaths
hand or wrist
14. Heat cramp or heat stroke
Any occupation involving excessive
exposure to heat
15. Cramp of the hand or
Any occupation involving prolonged
forearm due to repetitive
periods of hand writing, typing or other
movements
repetitive movements of the fingers,
hand or arm
16. Compressed air illness or its
A n y occupation or process carried
sequelae
on in compressed-air or under water
17. (a) Tuberculosis or leprosy
A n y occupation involving close or
f r e q u e n t contact with a source or
s o u r c e s of tuberculosis or leprosy
infection by reason of employment--
(a) in the medical treatment or
nursing of a person or persons
suffering from tuberculosis or
leprosy or in a service ancillary
to such treatment or nursing;
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ACT 273
Laws of Malaysia
Description of occupational
Nature of occupation
diseases or injury
(b) in attendance upon a person or
persons suffering from
tuberculosis or leprosy where the
need for such attendance arises
by reason of physical or mental
infirmity;
(c) as a research worker engaged
in research in connection with
tuberculosis or leprosy; or
(d) as  a  laboratory  worker,
p a t h o l o g i s t or post-mortem
worker, where the occupation
involves working with material
which is a source of tuberculosis
or leprosy infection or in any
o c c u p a t i o n ancillary to such
employment
(b) Viral hepatitis
Any occupation involving--
(a) close and frequent contact with
human blood or human blood
products; or
(b) close and frequent contact with
a source of viral hepatitis
infection
by
reason
of
e m p l o y m e n t in the medical
treatment or nursing of a person
or persons suffering from viral
hepatitis, or in a service ancillary
to such treatment or nursing
18. Hearing impairment caused
Any occupation involving excessive
by noise
exposure to industrial noise of high
sound pressure level in excess of 85
decibels over 8-hour period
19. Occupational dermatitis
Any occupation involving the handling
of mineral oils, acids, alkalis, dusts or
any other external agents capable of
irritating the skin
20. Diseases caused by vibration
Any occupation involving subjection
(disorders of muscles,
to vibration
tendons, bones, joints,
peripheral blood vessels
or nerves)
Workmen's Compensation
59
Description of occupational
Nature of occupation
diseases or injury
21. Lung cancer or
Any occupation involving the mining,
mesothelioma caused
processing or handling of materials
by asbestos
containing asbestos
22. Broncho pulmonary disease
A n y  occupation  involving  the
substantial exposure to the inhalation
of hard-metal dust, cotton dust, flax or
hemp or sisal dust
23. Pulmonary irritation
Any occupation involving the inhalation
of sulphur oxides, chlorine, phosgene,
ammonia, bromine, ozone, or nitrogen
dioxide
24. Occupational asthma
Any occupation involving the exposure
caused by sensitizing
to the inhalation of mineral dusts such
agents or irritants
as cement, copper, zinc, animal dusts,
such as bone or hair, or dusts of plant
origin such as cotton, wood, flax, jute,
padi husks, cork, spices, hemp, sisal,
tobacco, tea, flour or gases or vapours
of toluene diisocyanate or formaldehyde
25. Pneumoconiosis (silicosis,
Any occupation involving--
asbestosis, anthracosilicosis,
stannosis, siderosis or
(a) the mining, quarrying or working
siderosilicosis)
of silica rock or the working of
dried quartzose sand or any dry
a d m i x t u r e  containing  such
materials;
(b) t h e handling of any of the
materials
specified
in
subparagraph (a) in or incidental
to any of the operations mentioned
therein or substantial exposure to
t h e dust arising from such
operations;
(c) the breaking, crushing or grinding
o f flint or the working or
handling of broken, crushed or
g r o u n d  flint  or  materials
containing such flint or substantial
exposure to the dust arising from
such operations;
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ACT 273
Laws of Malaysia
Description of occupational
Nature of occupation
diseases or injury
(d) sand blasting by means of
compressed air with the use of
quartzose sand or crushed silica
r o c k or flint or substantial
exposure to the dust arising from
such sand blasting;
(e) the grinding of mineral graphite,
or substantial exposure to the
dust arising from such grinding;
(f) work in a foundry or the
performance of, or substantial
e x p o s u r e to the dust arising
f r o m , any of the following
operations:
(i) the freeing of steel castings
from adherent siliceous
substance;
(ii) the freeing of metal castings
from adherent siliceous
substance;
(g) t h e manufacture of china or
earthenware (including sanitary
earthenware,
electrical
earthenware
tiles),
and
anyoccupation
involving
substantial
exposure to
t h e dust arising therefrom;
(h) the dressing of granite or any
igneous rock by masons or the
crushing of such materials or
s u b s t a n t i a l exposure to the
dust arising from such operations;
(i) the use, or preparation for use,
of a grindstone or substantial
e x p o s u r e to the dust arising
therefrom;
(j) b o i l e r scaling or substantial
e x p o s u r e to the dust arising
therefrom;
Workmen's Compensation
61
Description of occupational
Nature of occupation
diseases or injury
(k) the working or handling of
asbestos or any admixture of
a s b e s t o s , or the manufacture
o r repair of asbestos textiles
o r other articles containing
asbestos, or substantial exposure
to the dust arising from any of
the foregoing operations;
(l) work in any mine (underground
or above ground) in which one
o f the objects of the mining
operations is the getting of any
m i n e r a l , or the working or
h a n d l i n g  of  any  minerals
e x t r a c t e d therefrom, or any
operation incidental thereto;
(m) the manufacture of carbon
e l e c t r o d e s  for  use  in  the
e l e c t r o l y t i c  extraction  of
a l u m i n i u m oxide, and any
occupation involving substantial
e x p o s u r e to the dust arising
therefrom;
(n) exposure to the inhalation of
dust containing iron and silica
or haematite;
(o) exposure to the inhalation of tin
dust or fumes
26. Cancer caused by--
Any occupation involving--
(a) 4-aminobiphenyl
the use or handling of, or exposure
to, the fumes, dust or vapour of 4
a m i n o b i p h e n y l or a substance
containing 4-aminobiphenyl
(b) Arsenic
the use or handling of, or exposure
to, the fumes, dust or vapour of arsenic
or a substance containing arsenic
(c) Benzene
the use or handling of, or exposure
to, the fumes, dust or vapour of
benzene or a substance containing
benzene
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ACT 273
Laws of Malaysia
Description of occupational
Nature of occupation
diseases or injury
(d) Benzidine
the use or handling of, or exposure
to, the fumes, dust or vapour of
benzidine or a substance containing
benzidine
(e) Bis-chloro methyl ether
the use or handling of, or exposure
to, the fumes, dust or vapour of