Section 3

being the parent or grandparent of a child born out of wedlock, leaves such child so depen-dent upon his earnings, or

being a child born out of wedlock leaves a parent or grandparent so dependent upon his earnmgs, or

being divorced leaves a divorced wife so de-pendent upon his earnings shall include such child, parent, grandparent or divorced wife respectively:

Provided that a person shall not be deemed to be a partial dependant of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessities of life suitable for persons in his class and position:

And provided further that where on application being made by a woman the Commissioner is sa-tisfied after due enquiry under section 10 (5) of this Act that -

such woman and the deceased were living together as man and wife at the time of the acci-dent; and

such woman was wholly or in part depen-dent on the earnings of the deceased at the time of his death or would but for the incapacity due to the accident have been so dependent, the Commissioner may deem such woman to be a dependant for the purposes of this Act.

-

-

-

·-

Workmen's Compensatio'!-

"domestic servant" means a person employed ex-clusively in the work or in connection with the work of a private dwelling house and not of any trade, business or profession carried on by the em-ployer in such dwelling house and includes any person employed in the capacity of a cook, house servant (including bed room and kitchen servants), waiter, butler, child's or baby's nurse, valet, foot-man, gardener, washerman or washerwoman, watchman, groom and driver or cleaner of any vehicle licensed for private use;

"earnings" means any remuneration paid in cash to a workman by his employer in consideration of work done in respect of his contract of employ-ment and any privilege or benefit which is capable of being estimated in money and includes the value of any food, fuel or quarters supplied to the work-man by the employer if as a result of the accident the workman or any of his dependant& is deprived of such food, fuel or quarters; and includes any overtime payments or other special remuneration for work done, whether by way of bonus, allo-wance or otherwise, if of constant character or for work habitually performed and including tips if the employment be of such nature that the habitual giving and receiving thereof is open and notorious and is recognised by the employer; but shall not include-

casual payments of a non-recurrent nature;

a travelling allowance or the value of any travelling concession;

a contribution paid by the employer towards any pension or provident fund;

9

10

Workmen's Compensation

a sum or concession received by the work-

-

man in consideration of any special expenses incur-red by him by reason of the nature of his employ-ment;"

"employer" includes -

the Government;

any statutory body or authority;

any person or body of person whether in-corporate or not;

the legal personal representative of a de-ceased employer; and

in relation to a person employed for the pur-pose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of such club;

and where the services of a workman are tempor-arily lent or let on hire to another person by the person with whom the workman has entered into a contract of employment, 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" means any society, association, company or underwriter carrying on in Brunei the l:iusiness of effecting contracts of insurance against the liability of an employer for personal injury by acci-dent to any workman in his employment arising out of and in the course of such employment;

"member of the family" means a wife, husband, father, mother, grandfather, grandmother, step-

-

-

Workmen's Compensation father, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister, daughter-in-law or sister-in-law and any such person is included whether the relationship is created by blood or by any adoption recognised as valid by the law of

Brunei;

"outworker" 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 home or on other premis-es not under the control or management of the person who gave out the materials or articles;

"partial incapacity" means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of a workman in any employ-ment in which he was engaged at the time of the accident resulting in his incapacity and where the incapacity is of a permanent nature, such incapac-ity as reduces his earning capacity in every employ-ment which he was able to undertake at the time of the accident:

Provided that every injury specified in the First

Schedule to this Act, except such injury or com-bination of injuries in respect of which the percen-tage or aggregate percentage of the loss of earning capacity as specified in that Schedule against such injury or injuries amounts to or exceeds 100 per centum, shall be deemed to result in permanent partial incapacity;

"premises" means in relation to an employer any place where work is executed or performed under the control or management of such employer whether exclusively or otherwise and the approaches thereto and any other land occupied in connection therewith, whether such approaches or 11

12

Workmen's Compensation other land form part of a public road or are other-wise open to the public or not, and any place where a workman is required to work by such em-ployer or such employer's foreman or other agent, and any vehicle or vessel belonging to such em-ployer or operated by a person employed by him;

"registered medical practitioner" means a medical practitioner registered or exempted from registra-tion under the provisions of any written law relat-ing to the registration of medical practitioners from time to time in force in Brunei;

"special hospital" means a hospital declared to be such under subsection (2) of section 16;

"total incapacity" means such incapacity whether of a temporary or permanent nature as incapaci-tates a workman for all work which he was capable of undertaking at the time of the accident resulting in such inca·pacity:

Provided that permanent total incapacity shall be deemed to result from an injury or from any combination of injuries specified in the First Sche-dule to this Act where the percentage or aggregate percentage of the loss of earning capacity as spe-cified in that Schedule against such injury or in-juries amounts to or exceeds 100 per centum; and

The exercise and performance of the powers and duties of a Department of the Government or a statutory body or authority shall, for the purposes of this Act, be deemed to be the trade or business of the Government or statutory body or authority, as the case may be.

-

Workmen's Compensation