Rules and Regulations of India

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Section 74 – EMPLOYEES’ STATE INSURANCE (GENERAL) REGULATIONS,1950

74. Occupational disease

Any question whether an employment injury is caused by an occupational disease specified in the Third Schedule to the Act shall be determined by a Special Medical Board which shall examine the disabled person and send a report in such form as may be prescribed by the Director General in this behalf to the appropriate Regional Office stating

(a) whether the disabled person is suffering from one or more of the diseases specified in the said schedule;

(b) whether the relevant disease has resulted in permanent disablement;

(c) whether the extent of loss of earning capacity can be assessed provisionally or finally;

(d) the assessment of the proportion of loss of earning capacity and in case of provisional assessment, the period for which such assessment shall hold good.

All assessments which are provisional may be referred to the Special Medical Board for review by the appropriate regional office not later than the end of the period taken into account by the provisional assessment. Any decision of the Special Medical Board may be reviewed by it at any time. The disabled person shall be informed in writing of the decision of the Special Medical Board by the appropriate regional office and the benefit, if any, to which the insured person shall be entitled.

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