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9 1934

WORKMEN'S COMPENSATION ACT, 1934

PART V.

Jurisdiction of the Circuit Court.

Jurisdiction of the Circuit Court.

36. —(1) The Circuit Court shall have exclusive jurisdiction to hear and determine all claims for compensation arising under this Act and (in addition to all powers and jurisdictions specifically conferred on the Circuit Court by this Act) shall have power and exclusive jurisdiction to hear and determine all matters and questions arising on or incidental to any such claim.

(2) An appeal shall lie on a question of law from any decision of the Circuit Court under this Act direct to the Supreme Court, but save as aforesaid such decision shall be final and conclusive.

Rules of Court.

37. —Until Rules of Court are made for the purposes of this Act, the Rules of Court for the purposes of the Acts repealed by this Act and in force at the commencement of this Act shall, with all necessary modifications, apply for the purposes of this Act.

Exercise of jurisdiction by the Circuit Court and county registrars.

38. —(1) The jurisdiction conferred by this Act on the Circuit Court shall be exercised by the Judge of the Circuit Court for the time being assigned to the circuit appointed by Rules of Court and at the place in such circuit specified in such rules.

(2) Where any matter or thing under this Act is to be done by, or to the county registrar, then the same shall be done by or to the county registrar appointed in that behalf by Rules of Court.

Attendance of medical assessor.

39. —(1) The Court may, in any case, summon a medical referee to sit as assessor to the Court.

(2) Any party to any proceedings under this Act may apply to the Court to have a medical referee summoned to sit as assessor to the Court on the hearing of such proceedings and the Court on such application being made and on payment to the county registrar by such party of such fee as may be fixed by regulations made by the Minister for Justice with the sanction of the Minister for Finance, shall summon a medical referee accordingly.

(3) Every fee received by the county registrar under this section shall be paid into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

(4) The Court may, subject to regulations made by the Minister for Justice with the concurrence of the Minister for Finance, submit to a medical referee for report any matter which seems material to any question arising in proceedings under this Act before the Court.

Variation of former order by the Court.

40. —Where, on application being made in accordance with Rules of Court, it appears to the Court that, on account of neglect of children on the part of a widow, or on account of the variation of the circumstances of the various dependants, or for any other sufficient cause, an order of the Court as to the apportionment amongst the several dependants of any sum being the adults' lump sum paid as compensation, or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the Court may make such order for the variation of the former order as in the circumstances of the case the Court may think just.

Disposal of compensation.

41. —(1) Where any compensation payable under this Act in respect of the death of a workman is or consists of the adults' lump sum, the following provisions shall have effect, that is to say:—

(a) where there is one dependant only, the adults' lump sum shall, as the Court may order, be either paid to the dependant or paid into Court;

(b) where there are two or more dependants, the amount of the adults' lump sum allotted to each such dependant shall, as the Court may order, either be paid to that dependant or paid into Court.

(2) Where any compensation payable under this Act in respect of the death of a workman is or consists of the children's lump sum, the children's lump sum shall be paid into Court.

(3) Where a weekly payment is payable under this Act to a person under any legal disability, the Court may, on application being made in accordance with Rules of Court, order that the weekly payment be paid during such disability into Court.

(4) The provisions of the Fifth Schedule to this Act shall have effect with respect to money paid into Court under this section and the application and investment thereof.

(5) The receipt of the county registrar shall be a sufficient discharge for any money paid into Court under this section.

Court fees.

42. —(1) Subject to the provisions of this section, no Court fees shall be payable by any party in any proceedings by or against a workman under this Act prior to the order of the Court granting or refusing compensation.

(2) This section shall not apply in respect of any fees payable under the provisions of this Act relating to examination of workmen by medical referee or attendance of medical assessor.

Payment of compensation and costs.

43. —Any sum awarded as compensation shall, unless paid into Court under this Act, be paid on the receipt of the person to whom it is payable under any agreement or order of the Court, and the solicitor of a person claiming compensation under this Act shall not be entitled to recover from him any costs in respect of any proceedings under this Act, 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 the Court, on an application made either by the person claiming compensation, or by his solicitor, to determine the amount of costs to be paid to the solicitor, such sum to be awarded subject to taxation and to the scale of costs fixed by Rules of Court.