(1) On a reference
under section 36, the medical panel, following such examination and tests as
it may require, having given the opportunity for oral submissions to be made,
and having considered such oral submissions as have been made pursuant to
section 37, and perused such certificates of other medical practitioners as
either party may in person or by his solicitor or agent tender to that medical
panel, shall thereupon consider and determine the following questions —
(a) is,
or was, the worker suffering from pneumoconiosis, mesothelioma, lung cancer or
diffuse pleural fibrosis?
(b) if
so, is, or was, the worker thereby less able to earn full wages?
(c) to
what extent if any does, or did —
(i)
pneumoconiosis; or
(ii)
mesothelioma; or
(iii)
lung cancer; or
(iv)
diffuse pleural fibrosis,
adversely affect the
worker’s ability to undertake physical effort?
(d) what
other, if any, disease or physical condition is, or was, contributing to the
worker’s being less able to earn full wages, or death and to what
extent?
(e) is,
or was, the worker fit for work? If so, at what level — light, moderate,
or heavy?
(2) The determination
of the medical panel shall, as far as is practicable in each case, be in the
form and contain answers to the questions prescribed.
(3) Where the medical
panel comprises 2 members who fail to agree on its determination, the chief
executive officer shall add a third member to the panel in accordance with
section 36.
(4) The determination
of the medical panel or a majority of its members is final and conclusive and
binding on the worker, on his employer, and on any tribunal in which such
determination is relevant.
[Section 38 amended: No. 44 of 1985 s. 18; No. 86
of 1986 s. 5; No. 48 of 1993 s. 33; No. 42 of 2004 s. 28 and 152; No. 31 of
2011 s. 86.]