Frequently Asked Questions about
The Employees' Compensation Ordinance, Cap. 282

Settlement of Employees’ Compensation Cases by Paper Medical Clearance
 
Q1. Under what circumstances that an employees’ compensation case can be settled by “Paper Medical Clearance”? Answer
Q2. What should an employer do if the employee fails to complete medical clearance or assessment procedure despite Labour Department’s repeated requests? Answer

 
Content
 
Q1. Under what circumstances that an employees’ compensation case can be settled by “Paper Medical Clearance”?
A1.

To speed up the settlement of employees’ compensation cases, the employer and employee may agree to adopt the “Paper Medical Clearance” to facilitate the issue of the Certificate of Compensation Assessment (Form 5).

The application must fulfill all of the following conditions:

  • there is no dispute over the case;
  • the period of sick leave should last for more than 7 days (if the period of sick leave does not exceed 7 days, the employer and the employee should settle the case via direct payment by employer or determination of compensation by agreement in accordance with section 10(11) or section 16CA of the Ordinance respectively);
  • the injury does not lead to any permanent incapacity;
  • the injury does not involve damage to teeth or the need for fitting of prostheses or surgical appliances;
  • all medical certificates are issued by registered medical practitioners, registered Chinese medicine practitioners or registered dentists;
  • the employee’s sick leave has already come to an end;
  • the employer must provide copy of all of the employee’s medical certificates in respect of the employees’ compensation case; and
  • for occupational disease case, it should be the one specified in the Second Schedule of the Ordinance as advised by the Occupational Health Officer.

If the case meets the above requirements, an employer, with the agreement of an employee, may submit an application to the branch office of Employees’ Compensation Division (ECD) to settle the employees’ compensation case by “Paper Medical Clearance”. If the application is approved, the employee will not be required to attend the medical clearance in person at the Occupational Medicine Unit of the Labour Department. The application form is available at branch offices of ECD.

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Q2. What should an employer do if the employee fails to complete medical clearance or assessment procedure despite Labour Department’s repeated requests?
A2.

In case an employees’ compensation case remains unsettled due to the employee’s failure to complete medical clearance or assessment procedure long after he has recovered or returned to work, an employer may consider applying for “Paper Medical Clearance”.

In addition to the conditions mentioned in A1, it is also required to fulfill the following two conditions:

  • the case cannot be settled due to failure of the injured employee to complete the medical clearance / assessment procedure despite repeated requests made by the Labour Department; and
  • the employer has proof on the clearance of all periodical payments.

If the case meets the above requirements, an employer may, together with relevant documents, submit an application to the branch office of ECD. ECD would send a final reminder on medical clearance to the injured employee where appropriate. If the injured employee still fails to act accordingly, ECD would consider presuming that the injured employee has not suffered any permanent incapacity or has given up his rights to claim compensation for permanent incapacity and issuing a Certificate of Compensation Assessment (Form 5) to employer and employee so as to settle the case. The application form is available at branch offices of ECD.

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