| A1. | If
an employees' compensation case is unsettled due to the employee's failure to
complete the sick leave clearance procedure or medical assessment long after recovery
and resumption of work, his employer may attempt to settle the case through the
paper sick leave clearance scheme for outstanding cases. Paper sick leave
clearance scheme for outstanding cases may apply to cases which meet the following
criteria : - The work injury case remains unsettled as the injured employee
fails to complete the procedure for sick leave clearance or medical assessment
despite repeated requests from the Labour Department;
- The employer
can provide evidence that of the relevant periodical payments have been made;
and
- The employer can produce the sick leave certificate(s) of the
employee.
The procedures of utilizing the paper sick leave clearance
scheme for outstanding cases are simple. The employer is only required to write
to the appropriate Employees' Compensation Division branch office, enclosing photocopies
of all the required documents and stating "Application for Paper Sick Leave
Clearance for Outstanding Cases". Depending on the circumstances, the Employees'
Compensation Division of the Labour Department will issue a final reminder of
sick leave clearance to the employee. If the employee does not respond in a reasonable
period, the Employees' Compensation Division will presume that the employee does
not suffer any permanent incapacity or has abandoned his claim for compensation
for permanent incapacity, and a Certificate of Compensation Assessment (Form 5)
will be issued to the employer and the employee accordingly.
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