Question

Under the Workmen's Compensation Act, which is helpful in deciding the extent of injury for compensation

• A. Insurance certificate
• B. Medical examination
• C. Medical Certificate
• D. (b) and (c)

Hint:

In compensation laws (whether for employees or motor vehicle accidents), medical evidence is paramount. The medical examination, reports, and certificates form the foundation for calculating the quantum of compensation.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The Workmen's Compensation Act, 1923 (now the Employee's Compensation Act), provides for the payment of compensation to workmen in case of injury by accident arising out of and in the course of employment. The amount of compensation depends heavily on the nature and extent of the injury and the resulting loss of earning capacity.

Step 2: Detailed Explanation:
To determine the extent of an injury and the consequent loss of earning capacity, objective medical evidence is crucial.
- (B) Medical examination: The Act contains provisions (e.g., Section 11) that allow the employer to require the workman to submit to a medical examination by a qualified medical practitioner. This examination is the process of assessing the injury.
- (C) Medical Certificate: The result of the medical examination is documented in a medical certificate. This certificate provides the official medical opinion on the nature of the injury (e.g., permanent total disablement, permanent partial disablement, temporary disablement) and the percentage of loss of earning capacity. This certificate is a key piece of evidence for the Commissioner to decide the compensation amount.
An insurance certificate (A) is relevant for determining who pays the compensation (the insurer), but not for deciding the extent of the injury itself.
Since both the medical examination and the resulting medical certificate are essential for deciding the extent of injury, option (D) is the most complete answer.

Step 3: Final Answer:
Both the medical examination of the worker and the medical certificate issued thereafter are helpful and necessary for deciding the extent of the injury for compensation purposes.