s.10Distribution of compensation
10
Section 10Part 2 — Compensation

Distribution of compensation

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Compensation payable where the death of a workman has resulted from an injury shall be paid into Court, and any sum so paid in shall be apportioned among the dependants of the deceased workman or any of them in such proportion as the Court thinks fit, or may, in the discretion of the Court, be allotted to any one such dependent, and the sum so allotted to any dependent shall be paid to him or be invested, applied or otherwise dealt with for his benefit in such manner as the Court thinks fit.
Compensation payable where permanent incapacity has resulted from an injury, and lump sums payable under section 8 where temporary incapacity has resulted from an injury shall be paid into Court, and any sum so paid shall be paid to the person entitled thereto or be invested, applied or otherwise dealt with for his benefit and in such manner as the Court thinks fit.
Any other compensation payable under this Law may be paid into Court and, when so paid in, shall be paid by the Court to the person entitled thereto.
The receipt of the Clerk of the Court shall be a sufficient discharge in respect of any amount paid in under this Law.
On the payment in of any money under subsection (1), the Court may deduct therefrom the actual cost of the workman’s funeral expenses, to an amount not exceeding twenty-four dollars, and pay the same to the person by whom such expenses were incurred, and shall, if it thinks necessary, cause notice to be published or to be served on each dependent in such manner as it thinks fit calling upon the dependants to appear before it on such date as it may fix for determining the distribution of the compensation. If the Court is satisfied, after any enquiry which it may deem necessary, that no dependent exists, the Court shall repay the balance of the money to the employer by whom it was paid. The Court shall, on application by the employer, furnish a statement showing in detail all disbursements made.
Where a half-monthly payment is payable under this Law to a workman under any legal disability, the Court may, of its own motion or on application made to it in this behalf, order that the half-monthly payment be paid during the disability to any dependent of the workman or to any other person whom it thinks best fitted to provide for the welfare of the workman.
Where, on application made to the Court in this behalf or otherwise, the Court is satisfied that, on account of neglect of children on the part of the parent, on account of the variation of the circumstances of any dependent or for any other sufficient cause, an order of the Court as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependent is to be invested, applied or otherwise dealt with, ought to be varied, the Court may make such order for the variation of a former order as it thinks just in the circumstances of the case: Provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause why the order should not be made, or shall be made in any case in which it would involve the repayment by the dependent of any sum already paid to him.
The attorney-at-law of a person claiming compensation under this Law shall not be entitled to recover from him any costs in respect of such claim or to claim a lien in respect of such costs on, or deduct such costs from, the sum awarded or agreed as compensation, except such sum as may be awarded by a Court, subject to regulations made under this Law, on an application made either by the person claiming compensation, or by his attorney-at-law to determine the amount of the costs to be paid to the attorney-at-law.

Cross References