Section 26
Section 26
Notwithstanding anything contained in any written law relating to the administration or distribution of estates of deceased person for the time being in force in Brunei, where a workman has died and it appears to the Commis-sioner that his dependants are entitled to compensation under this Act and that any money, not exceeding the amount of his earnings for 2 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.
t27. (1) Every employer shall insure and keep himself in-sured with an insurer approved by the Minister (hereinafter referred to as an approved insurer) in respect of any liability which he may incur under the provisions of this Act to any workman employed by him:
Provided that His Majesty in Council may, by notification in the Gazette, declare that the provisions of this section shall not apply to any employer or class of employers.
(2)
Any employer required to insure under this sec-tion may instead, in such manner as may be prescribed, tThis section is reproduced as to be amended by Act 12 of 1982 when that Act comes into operation.
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Contracting out
Commission-er may pay wages earned bvdead workman to dependants
Employer to insure
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Workmen's Compensation deposit with the Commissioner such sum of money or fur-nish such other security as the Commissioner may approve and such money or other security shall be used to pay com-pensation to that employer's workmen as occasion may arise.
(3)
Any employer who, for the purpose of defraying or partly defraying the cost of insurance in respect of his liability to pay compensation under the provisions of this
Act, makes any deduction from the earnings of a workman in his employment shall be guilty of an offence: Penalty, a fine of $2,000 and imprisonment for 6 months.
( 4) Any employer who fails to insure himself in accordance with subsection (1) of this section shall be guilty of an offence: Penalty, a fine of $4,000 and imprisonment for 3 months.
(5)
The Commissioner may require any employer to inform him of the name and address of the insurer with whom such employer has insured himself as required by this section.
(6)
Every policy of insurance issued for the purpose of this section shall be deemed to provide that any workman having a claim against the. person insured in respect of the liability in regard to which such policy was issued, or the
Commissioner acting on behalf of such workman, shall be entitled to recover in his own name, as though he were a party to the policy, directly from the insurer any amount which he would have been entitled to recover from the per-son insured.
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Workmen's Compensation
(7)
Any condition in a policy of insurance issued for the purposes of this section providing that no liability shall arise under the policy, or that any liability so arising shall cease, in the event of some specified thing being done or omitted to be done after the happening of the accident giv-ing rise to a claim under the policy, shall be of no effect upon the claim made by a workman under subsection (6):
Provided that nothing in this section shall be taken to render void any provision in a policy requiring the insured employer to repay to the insurer any sums which the latter may have paid under the policy in satisfaction of any such claim.
t28. (1) An approved insurer shall collect, compile and maintain in respect of all employers insured by him for the purposes of section 27 statistics and information relating to-
(a)
the occurrence and cause of accidents and occupational diseases:
(b)
any settlement of claim for compensation arrived at by agreement;
(c)
any claim for compensation determined by the arbitrator;
(d)
the amount of any premium or charge de-manded from or paid by employers in respect of the insurance of workmen;
tThis section is not yet in operation.
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Approved in-surers to fur-nish informa-tion
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Workmen's Compensation
(e)
the ratio of expenses to benefits;
(f)
the amounts paid in commissions to agents;
and
(g)
the income and expenditure in relation to insurance of employers under this section, and shall transmit any such statistics and information to the Commissioner upon demand or at such times as he may direct.
(2)
The statistics and information required to be kept under subsection (1) shall be kept separate from statis-tics and information relating to any other business carried on.
(3)
Any approved insurer who contravenes any of the provisions of this section or fails to transmit to the Com-missioner any statistics and information under this section shall be guilty of an offence: Penalty, a fine of $4,000.