[Section 49(1)(a) substituted by section 18(a) of Act No. 61 of 1997]
| (b) | [Section 49(1)(b) deleted by section 18(b) of Act No. 61 of 1997] |
| (a) | If an employee has sustained an injury set out in Schedule 2, he shall for the purposes of this Act be deemed to be permanently disabled to the degree set out in the second column of the said Schedule. |
| (b) | If an employee has sustained an injury or serious mutilation not mentioned in Schedule 2 which leads to permanent disablement, the Director-General shall determine such percentage of disablement in respect thereof as in his opinion will not lead to a result contrary to the guidelines of Schedule 2. |
| (c) | If an injury or serious mutilation contemplated in paragraph (a) or (b) has unusually serious consequences for an employee as a result of the special nature of the employee’s occupation, the Director-General may determine such higher percentage as he or she deems equitable. |
[Section 49(2)(c) inserted by section 18(c) of Act No. 61 of 1997]
| (3) | No payment for temporary disablement in terms of section 47 shall be deducted from compensation payable in terms of this section. |
| (4) | [Section 49(4) deleted by section 30(a) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026] |
| (5) | The Commissioner may, at any time, review pension claims or awards in terms of section 90 for the purpose of re-assessing permanent disablement. |
[Section 49(5) inserted by section 30(b) of the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022, Notice No. 3294, GG48431 dated 17 April 2023 - effective 23 January 2026 per (a) of Proclamation Notice 306, GG53990 dated 23 January 2026]
