CHAPTER IVA

TEMPORARY DISABLEMENT LAW

(OCCUPATIONAL DISEASES)
CONTENTS
Subject

Paras No.

Definition of occupational disease (OD)

Law on the subject

Relaxation of service condition

L.4A.1

L.4A.2 to L.4A.8
L.4A.9 to L.4A.10

Automatic additions to The Third Schedule

L.4A.11

Occupational disease is not injury caused

by accident

L.4A.12

Compensation for disease other than

occupational disease

L.4A.13

Other provisions

L.4A.14

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CHAPTER IVA
TEMPORARY DISABLEMENT BENEFIT LAW
(OCCUPATIONAL DISEASES)

Definition of occupational disease (OD)

L.4A.1 Section 2(8) of the Act defines the term Employment Injury. This definition has been
reproduced verbatim in para L.4.1 of the previous Chapter. In terms of occupational diseases, it would read
as under: Employment injury means a personal injury to an employee caused by an occupational
disease arising out of and in the course of employment, being an insurable employment,
whether the occupational disease is contracted within or outside the territorial limits of
India.
The term occupational disease has not been defined but a perusal of sub-section (1) of Section 52A read
with The Third Schedule of the Act makes it clear that it is a disease contracted by, or caused to, a person
employed in one of the occupations described in the said Third Schedule.
Law on the subject
L.4A.2
as under :-

Section 52A of the Act which is the relevant law on occupational diseases is reproduced

52A(1) If an employee employed in any employment specified in Part A of the Third

Schedule contracts any disease specified therein as an occupational disease peculiar to that
employment, or if an employee employed in the employment specified in Part B of that
Schedule for a continuous period of not less than six months contracts any disease
specified therein as an occupational disease peculiar to that employment or if an employee
employed in any employment specified in Part C of that Schedule for such continuous
period as the Corporation may specify in respect of each such employment, contracts any
disease specified therein as an occupational disease peculiar to that employment, the
contracting of the disease shall, unless the contrary is proved, be deemed to be an
employment injury arising out of and in the course of employment.
(2) (i) Where the Central Government or a State Government, as the case may be, adds
any description of employment to the employments specified in Schedule III to the
Workmens compensation Act, 1923 (8 of 1923) by virtue of the powers vested in it under
sub-section (3) of Section 3 of the said Act, the said description of employment and the
occupational disease specified under that sub-section as peculiar to that description of
employment shall be deemed to form part of the Third Schedule.
(ii)

Without prejudice to the provisions of clause (i), the Corporation after giving, by
notification in the Official Gazette, not less than three months notice of its intention so to
do, may, by a like notification, add any description of employment to the employments
specified in the Third Schedule and shall specify in the case of employments so added the
diseases which shall be deemed for the purposes of this section to be occupational diseases
peculiar to those employments respectively and thereupon the provisions of this Act shall
apply, as if such diseases had been declared by this Act to be occupational diseases peculiar
to those employments.

(3)

Save as provided by sub-sections (1) and (2), no benefit shall be payable to

an employee in respect of any disease unless the disease is directly attributable to a specific
injury by accident arising out of and in the course of his employment.

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L.4A.2 The provisions of Section 51A shall not apply to the cases to which this section applies.
L.4A.3 A copy of the Third Schedule of the Act may be seen at Annexure I. This Schedule has
replaced the old schedule with effect from 27.1.1985 and is much more comprehensive than the earlier
schedule.
L.4A.4 If an employee employed in any employment mentioned in Part A of the above- referred
Schedule contracts any disease specified therein as an occupational disease peculiar to that employment, the
contracting of the disease shall be deemed to be an employment injury arising out of and in the course of
employment unless the contrary is proved. It would, thus, be observed that in so far as the diseases falling
in Part A are concerned, the mere fact of being employed in the employment specified therein raises a
presumption as to the contracting of the disease being an employment injury. No minimum period of
employment is required.
L.4A.5 In so far as the occupational diseases specified in Part B of the Third Schedule are
concerned, an employee employed in any of the employments specified therein for a continuous period of
not less than six months becomes entitled to the presumption of the occupational disease amounting to an
employment injury. All that is to be seen in this case is whether the employee had been, before the date of
contracting the disease, in the specified employment for a continuous period of not less than six months. So
long as the period of service is continuous, it does not matter whether the employee has served with the
same employer or with different employers in the same kind of employment. But, each such employer
should be of a factory or establishment covered under the ESI Act.
L.4A.6 As per sub-section (1) of Section 52-A, to claim compensation for diseases listed in Part C
of the Third Schedule, a continuous period of employment such as the Corporation may specify in respect of
each employment causing the disease related thereto is necessary. The Corporation had notified the
following periods of continuous employment for the diseases included in Part C of the earlier Schedule as
well as for certain other diseases added by it through a notification by virtue of powers vested in it under
Sub-Section (2) (ii) of Section ibid :
Silicosis

6 months

Coal Miners Pneumoconiosis

7 years

Asbestosis

3 years

Bagassosis

3 years

Byssinosis

3 years

Farmers lung

5 years

Pneumoconiosis

7 years

L.4A.7 In respect of those diseases which find a place in the new Schedule, the relevant periods of
employment remain unchanged while in respect of others now added, the periods of employment will be
specified by the Corporation in due course and all concerned will be informed. In the meantime, deserving
cases where minimum period of continous employment is less than the period prescribed in one or more
establishments, can be helped in the light of Corporations Resolution dated 25/2/1992 given in Para L.4A.9
below.
L.4A.8 In all the cases mentioned in the preceding paras the presumption avails in favour of the
claimant if he satisfies the conditions specified. If the Corporation contests the claim, the burden of
disproving the occupational origin of the disease rests on the Corporation.

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Relaxation of service condition

L.4A.9 The periods specified above for occupational diseases included in Part C caused hardship
to those sufferers who could not fulfil the minimum qualifying period of employment. The Corporation, at
its meeting held on 25-2-1992, resolved to add the following proviso to its Resolution passed earlier fixing
the periods of employment for diseases under Part C :
Provided that if it is proved that an employee whilst in the service of one or more
employers in any employment specified in Part C of the Third Schedule to the ESI Act,
1948, has contracted a disease specified therein as an occupational disease peculiar to
that employment during a continuous period which is less than the period specified by
the Corporation for that employment, and that the disease has arisen out of and in the
course of employment, the contracting of such disease shall be deemed to be an
employment injury within the meaning of Section 52A of the ESI Act, 1948.
L.4A.10
The term service of one or more employers should be deemed to mean that the
previous employer(s) as well as the present employer should be of factory/establishment covered under the
ESI Act. Further, the employment should have been continuous leading to the contracting of the disease.
Automatic additions to The Third Schedule
L.4A.11
The Third Schedule of the ESI Act, 1948 is exactly identical to Schedule-III to the
Workmens Compensation Act, 1923 - a legislation under which compensation is payable to a workman
sustaining a personal injury from accident or by contracting an occupational disease while in the
employment of a factory or estt. not covered under the ESI Act, 1948. Section 3 of the WC Act empowers
the Central Government as well as a State Government to add any description of employment as well as an
occupational disease peculiar to such employment, to Schedule III to the WC Act. Sub-section (2) ( i ) of
Section 52A of the ESI Act says that when such an addition is made by the Central or State Government, it
shall also stand automatically added so as to form part of the Third Schedule to the ESI Act. In addition,
the ESI Corporation has also been empowered by Section 52A(2) (ii) to add of its own accord any
description of employment and the corresponding occupational disease in the Third Schedule to the ESI Act.
Occupational disease is not injury caused by accident
L.4A.12 The contracting of a disease is not as a rule an injury by accident; for one thing, it is
usually not sudden (except perhaps a disease included in Part A of the Third Schedule). But here it is
expressly provided that where the conditions mentioned in the preceding paragraphs are satisfied, the
contracting of the disease is employment injury. Further, vide sub-section (1) of Section 52A, unless the
contrary is proved, the contracting of the specific disease will be deemed to have arisen out of and in the
course of employment, so that the workmans case is complete without any further proof. It will very
seldom be possible to prove that the occupational disease did not arise out of or in the course of
employment. [A similar presumption is also available in the case of an accident vide section 51A of the
Act.] But, if it is proved that the workman contracted the disease before he entered the insurable
employment, the Corporation is not liable, even though service under the present employer may have
aggravated it.
Compensation for disease other than occupational disease
L.4A.13
In so far as any disease other than the diseases specified in the Third Schedule is
concerned, no disablement benefit is payable to an employee unless the disease is directly attributable to a
specific injury by accident arising out of and in the course of employment. It would, therefore, be necessary
in case of such other disease to prove that the disease constitutes an accident within the meaning of the word
[and not within the special meaning of Section 52A(1)], that the accident arose both out of and in the course
of employment and that the disease was directly attributable to a specific injury sustained in that accident.

193

Other Provisions
L.4A.14 The provisions regarding the following matters may be seen in relevant paras of Chapter
IV Law (Other Than Occupational Diseases), these being also applicable to occupational diseases:(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)

Definition of temporary disablement

Duration of temporary disablement benefit.
Conditions attached to grant of TDB
Daily rate of TDB
Persons not entitled for TDB in certain cases
Benefits not to be combined
Recipients of SB/TDB to observe conditions

L.4.65.
L.4.66 to L.4.67
L.4.68
L.4.69
L.4.70
L.4.71
L.4.72 to L.4.73

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ANNEXURE I
[See para L.4A.3]
THIRD SCHEDULE TO THE ESI Act, 1948
[Section 52 A]
List of Occupational Diseases

Sl. No.

Occupational disease

Employment

3
PART A

1.

Infectious and parasitic diseases

contracted in an occupation where
there is a particular risk of
contamination.

by

work

(a)

All work involving exposure to health or

laboratory work;

(b)

All work involving exposure to veterinary

work;

(c)

Work relating to handling animals, animal

carcasses, part of such carcasses, or
merchandise which may have been
contaminated by animals or animal
carcasses;

(d)

Other work carrying a particular risk of

contamination.

2.

Diseases caused
compressed air.

in

All work involving exposure to the risk concerned.

3.

Diseases caused by lead or its toxic

compounds.

All work involving exposure to the risk concerned.

4.

Poisoning by nitrous fumes.

All work involving exposure to the risk concerned.

5.

Poisoning by
compounds.

All work involving exposure to the risk concerned.

organophosphorus

PART B
1.

Diseases caused by phosphorus or its

toxic compounds.

All work involving exposure to the risk concerned.

2.

Diseases caused by mercury or its

toxic compounds.

All work involving exposure to the risk concerned.

3.

Diseases caused by benzene or its

toxic homologues.

All work involving exposure to the risk concerned.

195

4.

Diseases caused by nitro and amido

toxic derivatives of benzene or its
homologues.

All work involving exposure to the risk concerned.

5.

Diseases caused by chromium or its

toxic compounds.

All work involving exposure to the risk concerned.

6.

Diseases caused by arsenic or its

toxic compounds.

All work involving exposure to the risk concerned.

7.

Diseases caused by radioactive

substances and ionising radiations.

All work involving exposure to the action of

radioactive substances or ionising radiations.

8.

Primary epithelomatous cancer of the

skin caused by tar, pitch, bitumen,
mineral oil, anthracene or the
compounds, products or residues of
these substances.

All work involving exposure to the risk concerned.

9.

Diseases caused by the toxic halogen

derivatives of hydrocarbons (of the
aliphatic and aromatic series).

All work involving exposure to the risk concerned.

10.

Diseases
caused
disulphide.

carbon

All work involving exposure to the risk concerned.

11.

Occupational cataract due to infrared radiations.

All work involving exposure to the risk concerned.

12.

Diseases caused by manganese or its

toxic compounds.

All work involving exposure to the risk concerned.

13.

Skin diseases caused by physical,

chemical or biological agents not
included in other items.

All work involving exposure to the risk concerned.

14.

Hearing impairment caused by noise.

All work involving exposure to the risk concerned.

15.

Poisoning by dinitrophenol or a
homologue or by substituted
dinitrophenol or by the salts of such
substances.

All work involving exposure to the risk concerned.

16.

Diseases caused by beryllium or its

toxic compounds.

All work involving exposure to the risk concerned.

17.

Diseases caused by cadmium or its

toxic compounds.

All work involving exposure to the risk concerned.

18.

Occupational asthma caused by

recognised
sensitising
agents
inherent to the work process.

All work involving exposure to the risk concerned.

19.

Diseases caused by fluorine or its

toxic compounds.

All work involving exposure to the risk concerned.

by

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20

Diseases caused by nitroglycerine or

other nitroacid esters.

All work involving exposure to the risk concerned.

21.

Diseases caused by alcohols and

ketones.

All work involving exposure to the risk concerned.

22.

Diseases caused by asphyxiants:

carbon monoxide, and its toxic
derivatives, hydrogen sulphide.

All work involving exposure to the risk concerned.

23.

Lung cancer and mesotheliomas

caused by asbestos.

All work involving exposure to the risk concerned.

24.

Primary neoplasm of the epithelial

lining of the urinary bladder or the
kidney or the ureter.

All work involving exposure to the risk concerned.

PART C
1.

Pneumoconiosis
caused
by
sclerogenic mineral dust (silicosis,
anthracosilicosis asbestosis) and
silico-tuberculosis provided that
silicosis is an essential factor in
causing the resultant incapacity or
death.

All work involving exposure to the risk concerned.

2.

Bagassosis.

All work involving exposure to the risk concerned.

3.

Bronchopulmonary diseases caused

by cotton flax, hemp and sisal dust
(Byssinosis).

All work involving exposure to the risk concerned.

4.

Extrinsic allergic alveolitis caused by

the inhalation of organic dusts.

All work involving exposure to the risk concerned.

5.

Bronchopulmonary diseases caused

by hard metals.

All work involving exposure to the risk concerned.

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CHAPTER IVA
TEMPORARY DISABLEMENT BENEFIT PROCEDURE
(OCCUPATIONAL DISEASES)

Subject

Paras No.

Introduction

P.4A.1

Identification of OD prone Industries

Managers role

P.4A.2 to P.4A.6

Prevention, detection & treatment of OD IMOs

role

P.4A.7

A practical view of occupational diseases

P.4A.8

Procedure for dealing with OD sufferers

P.4A.9

Action on receipt of medical certificates of OD

P.4A.10

Reference to Special Medical Board

P.4A.11 to P.4A.14

OD must be supported by medical certificates

P.4A.15 to P.4A.16

TDB rate and date of commencement

P.4A.17

Claim for PDB when TDB was not claimed

P.4A.18 to P.4A.19

Reference not to await termination of OD

P.4A.20

Incapacity references

P.4A.21

Review by Special Medical Board

P.4A.22

Death of OD sufferer

P.4A.23 to P.4A.24

Death case must be referred to Hqrs

P.4A.25

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CHAPTER IVA
TEMPORARY DISABLEMENT BENEFIT PROCEDURE
(OCCUPATIONAL DISEASES)

Introduction
P.4A.1 This part of TDB Procedure requires special attention of every functionary employed in the
administration of cash benefits under the ESI Scheme, specially the Branch Manager and the IMO. The ESI
Act concerns itself mainly with the diagnosis, treatment, compensation and, where possible, recovery and
return to work by an OD sufferer. Both the Branch Manager and the IMO must play a significant role not
only in every aspect of the diagnosis and treatment of persons suffering from occupational diseases and
perhaps save the life of many an OD sufferer but also take active measures in the prevention of these
diseases.
Identification of OD prone industries - Managers role
P.4A.2 Referring to Para 1.68 of Chapter 1-Registration, it is imperative for the Regional Office
as well as the Branch Office to take all the steps laid down therein, and specially, the following: (i)

Survey of covered factories/establishments to identify OD prone industries.

(ii)

Distinctive registration of both OD prone industries and their employees working in OD prone
processes by printing distinctive red-colour identity cards and MREs as directed in the said
paragraph (or pasting red strips on both these documents for the time being).

P.4A.3 For identifying, out of the list of factories/establishments attached to each branch office,
those industries which can be the cause of an occupational disease, the Manager himself can take initiative
by going through the said list and attempt to identify industries/processes which may be the possible cause
of an occupational disease. The Third Schedule to the ESI Act (reproduced at Annexure -I to the Law Part
of this Chapter) names only the occupational diseases and it is not possible to identify the specific
employments that may be the cause of each of such diseases. In the circumstances, the following Annexures
have been added to this Chapter in order to assist the Branch Manager in the identification of employments
that may be the possible cause of each of the said occupational diseases.
Annexure-I

The First Schedule to the Factories Act, 1948, which gives a list of industries involving
hazardous processes. [A hazardous process is defined in Section 2(cb) of the Factories Act
as any process or activity in relation to an industry specified in its First Schedule (see
Annexure I) where, unless special care is taken, raw materials used therein or the
intermediates or finished products, bye-products, wastes or effluents thereof would (i)
cause material impairment to the health of the persons engaged in or connected therewith,
or (ii) result in pollution of the general environment].

Annexure-II Alphabetical list of the said Schedule showing the occupational disease possibly caused by
each substance/process included in the list. (only Sl. No. of each occupational disease has
been given. For name of the disease, please refer to the Third Schedule reproduced at
Annexure I to the law part of this Chapter.
P.4A.4 A perusal of Annexure II will make it clear that not all the processes deemed as
hazardous may result in an occupational disease. This is because some processes, although being really
hazardous, may be accident prone rather than OD prone. It is to be noted that Annexure II is by no means
exhaustive. Further, a single substance/process may appear to be the cause of more than one occupational
disease when used in combination with different substances. For example, Explosives used in association
with different substances are known to cause an OD at S.No. B-1, B-4, B-14, B-15, B-19, B-21 and C-2.
Thus, considerable care will be needed to go through the manufacturing process/industry to find out the
exact root cause of an OD suffered by an IP.

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P.4A.5 It also seems relevant to point out that Annexure II, despite being in such detail, omits
many of the occupational diseases mentioned in the Third Schedule to the Act. To bridge this gap, an
additional list of those diseases as are caused by the industries relevant to them has been placed at Annexure
III.
P.4A.6 Both Annexure II & III name the S.No. of the occupational disease caused by each
industry. To determine the question whether an employment injury has been caused to an IP by an
occupational disease, it will be necessary to refer to Annexures II & III and locate the S. No. of the industry
mentioned in these Annexures. Once that is achieved, it will be necessary to find the name of the disease as
given in Annexure I to Law Part of this Chapter. Thereafter, further inquiries will have to be made as to the
process in which the person was actually employed or the process which caused the occupational disease.
Prevention, detection & treatment of OD IMOs role
P.4A.7 As for the role of IMO, the Branch Manager should guide him as provided in para 1.68
ibid - (v), (vi) and (vii) thereof. IMOs role has been further emphasised/clarified through a circular dated
29th November 2004 issued by the Medical Division of Hqrs. to all State Governments, ESI Medical
Directorates of each State and the concerned SMCs representing ESIC in each State. In the main, these
consist of the following instructions:(i)

As soon as a distinctive red MRE or (one with a red strip pasted on it), is received in the
dispensary, the IMO Incharge should make a reference to the ESI Hospital designated for the
purpose in a specially designed reference slip for clinical examination of the IP. The reference slip
should mention the IPs occupation and the OD which he is prone to suffer from and it will specify
the test(s) to be performed on the IP.

(ii)

The ESI Hospital should, without delay, carry out clinical examination of all such referred persons
and keep their record, X-ray and lab findings at its own level, record its observations and findings
on the reference form and send it back to the concerned IMO.

(iii)

OD prone IPs, so long as they are working in hazardous employment(s), or an OD prone

department of factory/establishment, will have to undergo medical examination once every year.
But in those of such industries where the number of IPs exposed to hazardous processes or
occupational diseases is 50% of the total strength of a factory/establishment, a six-monthly
examination has been prescribed.

(iv)

The clinical data maintained in respect of these IPs should form a baseline health record and
whenever any departure is noticed from the baseline data, the person involved(who may not yet be
a patient needing active medical treatment and rest) should be referred immediately to the hospital
for further examination.

(v)

If facilities for investigation of a particular OD are not available in the hospital, it should have tieups with other hospitals/institutions for getting the relevant investigation done as per the
requirements of each patient.

(vi)

The IMOs would need to be given proper and need-based training on occupational diseases to
enable them to be totally involved in the prevention, early detection, treatment and compensation of
IPs found to be suffering from occupational diseases.

(vii)

If an IP is diagnosed or even suspected as suffering from an OD, he should be referred to the zonal
occupational disease centre on the appropriate form, giving relevant details of the disease, for
advice and treatment. The details of each zonal OD centre are given below:-

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Occupational Disease Centre

ESI Hospital & Occupational
Disease Centre, Basaidarapur, Ring
Road, New Delhi 110 015

Zone
North Zone

States from which IP should be referred

Delhi, Haryana, Punjab, Chandigarh, J&K,
Himachal
Pradesh,
Uttar
Pradesh,
Uttaranchal and Rajasthan

ESI Hospital & Occupational Disease

Centre, D.H. Road, P.O. Joka,
Thakurpukur,
Kolkata700 104

East Zone

West Bengal, Assam, Meghalaya, Bihar,

Jharkhand, Orissa

ESI Hospital & Occupational Disease

Centre, Ashok Pillar Road, K.K.
Nagar,
Chennai 600 078.

South Zone

Karnataka, Tamil Nadu, Pondicherry, Andhra

Pradesh, Kerala

ESI Hospital & Occupational Disease

Centre,
130/9,
Mahannagar,
Chinchwad,
Pune 411 019.

West Zone

Maharashtra, Goa, Chhatisgarh, Madhya

Pradesh,Gujarat

(viii)

As soon as the disease of the IP is confirmed as an occupational disease, a report to be signed by

the treating IMO will be sent by him to the Chief Inspector of Factories of the State. Such a report
shall contain the following particulars of the IP: (a)
Name and full postal address of the patient
(b)
The disease from which he is suffering
(c)
The name and address of the factory in which the patient is, or was, last employed.
The above report is mandatory as required in Section 89 of the Factories Act 1948.
submission of such a report may attract penalty in shape of fine.

Non-

A practical view of occupational diseases

P.4A.8 If the instructions laid down for the prevention, detection, treatment and reporting of
occupational diseases as given in the foregoing paragraphs are scrupulously followed, many lives could be
saved and much misery in the shape of disease and loss of earning could be prevented. However, this is an
ideal situation highly desirable but very difficult to achieve. Therefore, taking a practical view, there can be
many OD sufferers who may seek medical treatment and disablement benefits available at a late stage when
their disease has already advanced. The following paragraphs lay down the procedure for dealing with such
cases.
Procedure for dealing with OD sufferers
P.4A.9 An OD sufferer will first report to his IMO and, depending on his condition at that
moment, he may be issued a first certificate with which he will report to the Branch Office. He may
continue to obtain and submit medical certificates, as his incapacity prolongs, with diagnosis of some
commonly occurring ailment other than an OD (e. g., TB for an IP suffering from silicosis or asbestosis).
But, a vigilant Branch Manager may get an inkling of the possibility that the IP may be suffering from OD
from certain indications such as the following which may come to his notice and perhaps more:
(i)

Symptoms of disease which appear unusual.

(ii)

Prolonged certification.

(iii)

Sufferer complains of no relief from his treatment.

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(iv)

IP is repeatedly taking sickness benefit for short intervals for an obviously genuine sickness.
He says he gets sick some time after he joins duty and he gets well when he is away from
his work-place.

(v)

IP suffers from skin problem or an allergy which defies all possible treatment.

(vi)

Apparently suffering from pulmonary TB, he fails to respond to TB treatment.

One or more of the above factors should set an OD conscious Branch Manager/IMO thinking and he would
need answers to questions such as the following:(i)

Nature of the industry in which IP works.

(ii)

Various processes within his work-place.

(iii)

The period for which he has been employed and how far he has been exposed to any
particular process.

(iv)

The extent to which he has been exposed to that process.

(v)

Does the process in which he works or the substance he handles, find a place in the Third
Schedule to the Act (see Annexure I to Law Part) or in Annexures I, II, or III to this
Chapter.

(vi)

What about other persons engaged in the process in which the OD sufferer was/is working
(e. g., asbestos affects many who are forced to work on its grinding, mixing, etc.)

The Branch Manager, keeping in view the instructions on identification of ODs with reference to the
industry in which a sufferer may be employed, will make detailed enquiries at the latters workplace. His
employer can also be persuaded to provide full information on the nature of employment/processes and,
once this is available, all that is needed will be the clinical reports based on the tests etc. at the nearest OD
centre to which IMO will refer him. If the IPs OD is confirmed at the OD Centre, it will also provide the
line of treatment as well as intimate the likely period of abstention from work. IMO will then start the
treatment and issue him medical certificate(s) certifying the nature of the OD the IP is suffering from.
Action on receipt of medical certificates of OD
P.4A.10 At the stage when an OD sufferer brings in a certificate confirming his disease as OD, it
will be of great help to Branch Manager and the investigating official to go through the provisions of
Section 52A of the Act alongwith Corporations Resolution dated 25-2-1992 as given in the Law Part of this
Chapter and to keep a note of its salient features. The procedure to be followed for investigation of OD
cases is described below:(1) On receipt of a certificate with diagnosis of OD shown therein, necessary enquiries should be
made from the insured person to find out whether he was actually employed on any of the jobs
specified in the Third Schedule and was exposed to the risks against such a disease. The
statement of the insured person should also be recorded. Necessary enquiries may be made
and information collected from the employer who may be requested to submit a report in
respect of the insured person in Form-12A (copy at Annexure-IV).
(2) On receipt of the said report, the investigating official should visit the factory and investigate
the case thoroughly. He should examine the process which is alleged to have been the cause of
OD, record statements of witnesses as well as go through employers attendance-cum-wage
record in support of the fact that insured person actually worked on the specified job for the
minimum period laid down (see Part B and Part C, as the case may be, of Third Schedule).

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(3) In case any employee has put in less than the minimum service prescribed in Section 52A(1) of
the Act, it should be seen whether the employee has served on the same process in any other
estt. covered under the Act. If his disease falls under Part C of Third Schedule, whether the
condition of the OD sufferer deserves admittance of his case as employment injury despite the
period of employment being less than that prescribed for that disease.
(4) As soon as the investigation is completed, a comprehensive report in form ESIC-25A (copy at
Annexure-V) together with the details of the certificates received and other documents listed
below should be submitted to the Regional Office:
(i) Form 12 A (Annexure IV)
(ii) Form ESIC-25A (Annexure V)
(iii) Witness statements
(iv) Form B.I.1
(v) Form B.I.1(a)
(vi) Form B.I.2
(5) Until such time the Regional Office decision is available, the Branch Manager should pay
sickness benefit to the insured person, if he is otherwise eligible to it, and this may be adjusted
later on towards disablement benefit if the case is admitted as one of employment injury.
Reference to Special Medical Board
P.4A.11 Under Regulation 74, for a decision on the question (i) whether an IP is suffering from an
occupational disease and (ii) whether the said disease has resulted in permanent disablement, every case of
employment injury due to occupational disease has be to referred to a special medical board. Regulation 74
is reproduced below for ready reference:74.
Any question whether an employment injury is caused by an occupational disease
specified in the Third Schedule to the Act shall be determined by a Special Medical Board
which shall examine the disabled person and send a report in such form as may be prescribed
by the Director-General in this behalf to the appropriate regional office stating: (a) Whether the disabled person is suffering from one or more of the diseases specified in
the said Schedule ;
(b) Whether the relevant disease has resulted in permanent disablement ;

(c) the assessment of the proportion of loss of earning capacity and in case of provisional
assessment, the period for which such assessment shall hold good .
All assessments which are provisional may be referred to the Special Medical Board
for review by the appropriate Regional Office not later than the end of the period taken into
account by the provisional assessment. Any decision of the Special Medical Board may be
reviewed by it at any time. The disabled person shall be informed in writing of the decision
of the Special Medical Board by the appropriate Regional Office and the benefit, if any, to
which the insured person shall be entitled.
P.4A.12
At the Regional Office, the case will be examined by the Regional Director in
consultation with the Medical Referee/SMC and referred to the Special Medical Board as required under
Regulation 74. Forms to be used for this purpose (as extracted from ESIC Medical Manual ) are described
below:-

205

1) BI.8 Specimen copy at Annexure VI.- Part I of this form will be filled in by Regional Office
and Part II by treating IMO.
2) BI.9 Specimen copy at Annexure VII Part I will be filled in by the Branch Office and Part II
will contain IPs statement which will be recorded in the same manner as described by him. He may,
however, be assisted in doing so by asking questions relevant to the history of the disease he suffers from,
his working environment, industry employed in, appearance of symptoms of the disease. Any test reports
and connected documents brought by the IP should be enclosed to this form. Part III of this form will be
exclusively filled in by the Special Medical Board.
3) BI.10- Specimen copy at Annexure VIII. This will contain the decision of the Special Medical
Board, to be filled in by one of the members and signed by all its members as its Chairman.
P.4A.12A. For occupational diseases, the procedure laid down for reference to Medical Board in
case of employment injury due to accident, as given in paras P.5.32 to P.5.41 grant of permanent
disablement benefits will be followed mutatis mutandis.
P.4A.12B. On consideration of the report of Special Medical Board on its receipt, in consultation
with the MR/SMC, the case will be admitted as one of employment injury, provided the Special Medical
Board has confirmed the OD of the IP. The Branch Manager should be informed immediately thereafter so
as to enable him to make payment of TDB for the certified period of incapacity.

P.4A.13
If IP is found suffering from a disease included in Part C of the Third Schedule for
which minimum period of service is not available, the case should be decided in terms of Corporation
Resolution dated 25.2.92. (See para L.4A.9)
P.4A.14
For the purpose of determining whether the total incapacity on account of occupational
disease for payment of temporary disablement benefit is for not less than three days, the certified period(s)
of abstention, whether continuous or broken, should be aggregated as in the case of employment injury due
to accident. However, where abstention spreads over broken periods and MR/SMC is of the opinion that
each period should be taken as a separate spell (i. e., as a separate accident by fresh exposure on each
occasion), the total period should not be aggregated for determining eligibility to temporary disablement
benefit. Each such spell shall in that event be taken as separate and dealt with accordingly.
OD must be supported by medical certificates
P.4.A15 No reference to Special Medical Board lies unless IP produces medical certificates(s)
showing the cause of incapacity. Further, if the medical certificate(s) produced by the insured person do(es)
not clearly indicate the diagnosis as one of OD, Regional Director should consult the MR/SMC for opinion
whether the symptoms resemble those of an OD. If confirmed and recommended by MR/SMC, further
enquiries should be made and case referred to Special Medial Board. In doubtful cases, a reference may be
made to Hqrs. for advice.
P.4A.16 If the diagnosis mentioned in the medical certificate is not of the occupational disease
and the MR/SMC also opines that the disease mentioned in the medical evidence produced has no relation to
any one of the occupational diseases, the case should not be referred to the Special Medical Board. If,
however, the insured person/employer/trade union insists for such a reference, despite the opinion of the
MR/SMC, the Regional Director may make a reference to the Special Medical Board indicating also the
viewpoint of the MR/SMC so as to enable the Special Medical Board to decide the question after being
aware of the MR/SMCs opinion to the contrary.
TDB rate and date of commencement
P.4A.17 As already mentioned above, TDB is payable only after Special Medical Board admits the
case as that of OD. Its rate will be determined based on commencement of the spell in accordance with the
medical certificates submitted by the IP for the OD, and it will be payable from the beginning of the spell.

206

However, if diagnosis mentioned in the regulation certificates in the beginning of the spell or in earlier
spell(s) is not clearly that of occupational disease diagnosed later on, the Special Medical Board should be
consulted for opinion regarding the date of commencement of the temporary disablement for regulating the
payment of benefit so far as period(s) of earlier spell(s) is/are concerned. The Special Medical Board will
no doubt see whether the symptoms for the period(s) of the earlier spell(s) is/are in respect of the
occupational disease itself. In case of doubt, a reference may be made to Hqrs. alongwith opinion of the
Special Medical Board.
Claim for PDB when TDB was not claimed
P.4A.18 Normally, the question of payment of PDB in a case of OD without a spell or spells of
temporary disablement will not arise. However, legally an odd case cannot be ruled out in which even
without medical treatment and abstention on account of the OD, the IP may have been permanently disabled
due to the OD. If any such claim or request is made by the insured person/employer/trade union for
reference to Special Medical Board on the basis of the medical evidence and other information available, the
question of reference may be decided in consultation with the Medical Referee/SMC. In doubtful cases,
reference may be made to Hqrs. office for advice.
P.4A.19 In cases where PDB is payable straightaway (without any prior spell of TDB), the PDB is
payable from the date of the Special Medical Board meeting unless indicated otherwise by the said Board.
In doubtful cases a reference may be made to Hqrs. Office for advice.

Reference not to await termination of OD

P.4A.20 If an insured person produces regulation certificates with OD as diagnosis, it is neither
necessary nor desirable to await termination of the spell of temporary disablement. This is because, as
already stated, even TDB becomes payable only after Special Medical Board has decided to confirm the
disease as an OD and the case has been admitted as of employment injury by the Regional Director. The
payment of TDB, therefore, already suffers from inevitable delay and waiting for the termination of the spell
of incapacity would further delay payment of TDB much needed by the OD sufferer.
Incapacity references
P.4A.21 The first incapacity reference in an OD case should be made after 28 days from the date
of commencement of the OD spell, followed by references at fortnightly intervals. If, however, the spell has
continued for over six months, a reference should be made by the Regional Director to the Hqrs. Office
alongwith the opinion of the Medical Referee/SMC.
Review by Special Medical Board
P.4A.22 Quite possibly, the condition of OD sufferer in receipt of PDB may improve or he may
be completely cured for reasons such as proper treatment or change of employment or nature of work. In
such a case, the Branch Manager should obtain Medical Referees opinion and refer the case to Regional
Office and the Regional Office will submit papers to Special Medical Board for a review. Regulation 74
permits a review even after Special Medical Board gave its decision as to the permanent loss of earning
capacity finally.
Death of OD sufferer
P.4A.23 Normally, where the Special Medical Board has finally determined loss of earning
capacity under Regulation 74, it means that the disability has reached finality and that there are no chances
of its being cured or further aggravated. However, chances of the IP dying on account of OD cannot be
ruled out even though such chances may be remote unless other complications set in. However, whenever
such cases of death arise and the dependants of the insured person make a claim for dependants benefit, the
Regional Director should make a reference to Hqrs. Office alongwith

207

(i)

clinical details as recorded on the medical record envelope/card;

(ii)

post mortem report, if available; and

(iii) Medical Referees/SMCs opinion.

The case will be examined at Hqrs. office in consultation with Medical Division and decision taken
will be conveyed to Regional Director.
P.4A.24 In case the insured person who claims to be suffering from occupational disease dies
while his case is under process before he is examined by the Special Medical Board, his case may be
referred to Hqrs Office for relaxation of Regulation 74, whereafter it may be referred to the Special Medical
Board and, based on its finding, the Regional Director should refer the case to Hqrs. Office for consideration
and decision.
Death case must be referred to Hqrs.
P.4A.25 It should be noted that every case of death due to occupational disease must be referred to
Headquarters Office for acceptance in the manner stated in the preceding two paragraphs and Regional
Director should not admit such a case at his own level.

208

Annexure-I
[See para P.4A.3]
THE FIRST SCHEDULE TO THE FACTORIES ACT, 1948
LIST OF INDUSTRIES INVOLVING HAZARDOUS PROCESSES

1. Ferrous Metallurgical Industries.

Integrated Iron and Steel.
Ferro-alloys.
Special Steels.
2. Non-ferrous Metallurgical Industries.
Primary Metallurgical Industries, namely zinc, lead, copper, manganese and aluminium.
3.

Foundries (ferrous and non-ferrous).

Castings and forgings including cleaning or smoothening/roughening by sand and shot blasting.

4. Coal (including coke) Industries.

Coal, Lignite, Coke, etc.
Fuel Gases (including Coal Gas, Producer Gas, Water Gas).
5. Power Generating Industries.
6. Pulp and paper (including paper products) Industries.
7. Fertiliser Industries.
Nitrogenous.
Phosphatic.
Mixed.
8.Cement Industries.
Portland Cement (including slag cement, puzzolona cement and their products).
9. Petroleum Industries.
Oil Refining.
Lubricating Oils and Greases.
10. Petro-chemical Industries.
11. Drugs and Pharmaceutical Industries.
Narcotics, Drugs and Pharmaceuticals.
12. Fermentation Industries (Distilleries and Breweries).
13. Rubber (Synthetic) Industries.
14. Paints and Pigment Industries.
15. Leather Tanning Industries.
16. Electro-plating Industries.

17. Chemical Industries.

Coke Oven By-products and Coal tar Distillation products.

209

Industrial Gases (nitrogen, oxygen, acetylene, argon, carbon dioxide, hydrogen, sulphur dioxide,
nitrous oxide, halogenated hydorocarbon, ozone, etc.)
Industrial Carbon.
Alkalies and Acids.
Chromates and dichromates.
Lead and its compounds.
Electrochemicals (metallic sodium, potassium and magnesium, chlorates, perchlorates and
peroxides).
Electrothermal produces (artificial abrasive, calcium carbide).
Nitrogenous compounds (cyanides, cyanamides, and other nitrogenous compounds)
Phosphorus and its compounds.
Halogens and Halogenated compounds (chlorine, flourine, bromine and iodine).
Explosives (including industrial explosives and detonators and fuses).
18. Insecticides, Fungicides, Herbicides and other Pesticides Industries.
19. Synthetic Resin and Plastics.
20. Man-made Fibre (cellulosic and non-cellulosic) industry.
21. Manufacture and repair of electrical accumulators.
22. Glass and Ceramics.
23. Grinding or glazing of metals.
24. Manufacture, handling and processing of asbestos and its products.
25. Extraction of oils and fats from vegetable and animal sources.
26. Manufacture, handling and use of benzene and substances containing benzene.
27. Manufacturing processes and operations involving carbon disulphide.
28. Dyes and dyestuff including their intermediates.
29. Highly flammable liquids and gases.

210

Annexure II
[See para P.4A.3]
Alphabetical list of industries included in 1st Schedule to the Factories Act, 1948 vis-a-vis the
occupational disease (OD) peculiar thereto
Nature of industry/product/mfr.

Acetylene
Acids
Aluminium nonferrous metallurgical industry
Argon Gas
Asbestos & its products mfr., handling and
processing of
Benzene, its derivatives & compounds - mfr.,
handling and processing of
Breweries (alcohol) & distilleries
Bromine gas
Carbon dioxide gas
Castings & forgings in foundry industry
Cement industries Portland cement (incl. slag
cement, puzzolona cement and their products
Ceramics
Chlorine gas

S.No. in 1st
Schedule to
Factories Act.
17
17
2
17
24

S.No. in list of ODs as

given in IIIrd Schedule to
ESI Act.
B-2, B-21
A-4,B-2, B-22
B-12, B-17,B-19
B-22
B-23, C-1

26

B-3

12
17
17
3
8

B-21

22
17

A-3,B-12,B-16
B-2, B-9

Chromates & dichromates

17

B-5

Coal (incl. coke) industries coal, lignite, coke,

etc; fuel gases (incl. coal gas, producer gas, water
gas)
Coaltar distillation products
Cokeoven bye-products
Copper non-ferrous metallurgical industries
Detonators & fuses ( for explosives)
Drugs
Dyes & dyestuffs incl. their intermediates

A-1, B-8, C-1

17
17
2
17
11
28

B-22

Electrical accumulators mfr. & repair of

Electrochemicals - magnesium, potassium, sodium;
their chlorates, perchlorates & peroxides
Electroplating industries
Electrothermal products (artificial abrasives,
calcium carbide)
Explosives (incl. detonators & fuses)

21
17

Ferrous metallurgical industries

Fertilizer industries
Fluorine gas
Fungicides
Glass

1
7
17
18
22

Grinding or glazing of metals

Halogens & halogenated compounds
Highly flammable liquids & gases
Hydrogen gas

23
17
29
17

B-22
C-1

B-6, B-12
See Explosives
B-6,B-20,B-21
B-4, B-8,B-13,B-15,B-21,
B-22, B-24

16
17

B-13,B-17,B-19

17

B-1,B-4,B-14, B-15,
B-19,B-21,C-2
B-1,B-12,C-2
B-19
B-6
B-6,B-10,B-11,B-12,B-19,
B-21,C-1
B-9
B-22

211

Industrial gases (carbon monoxide)

Insecticides
Iodine
Iron & steel
Lead & its compounds
Lead nonferrous metallurgical industry
Leather tanning industries
Lignite industry
Lubricating oils & greases
Magnesium
Manganese nonferrous metallurgical industry
Man-made fibre (cellulose)
Man-made fibre (non-cellulose)
Metal carbide, artificial abrasive
Narcotics
Nitrogen gas

17
18
17
1
17
2
15
4
9
17
2
20
20
17
11
17

Nitrogenous compounds ( cyanides, cyanamides &

others)
Nitrous oxide
Non-ferrous metallurgical industries aluminum,
copper, lead, manganese, zinc
Oils & fats extraction from vegetable and animal
sources
Oil refining, petrochemical industries
Oxygen gas
Ozone gas
Paints
Pesticide industries

17
17
2
25
9, 10
17
17
14
18

Petroleum industries oil refining, lubricating oils

& greases
Pharmaceuticals
Phosphatic fertilizer
Phosphrous & its compounds
Pigments
Plastics

11
7
17
14
19

Power generating industries

Pulp & paper (incl. paper products)
Puzzolona cement
Rubber industries
Slag cement
Smoothening/roughening by sand and shot blasting
Steel, alloy steels
Sulphur dioxide gas
Synthetic resin
Zinc nonferrous metallurgical industry

5
6
8
13
8
3
1
17
19
2

B-22
A-3, B-1, B-4,B-6,B-19

A-3
A-3,B-6
A-1, B-5,B-12
B-8,C-1

B-12
B-21
B-10
C-5
B-22

A-4
Please see against each
metal.
B-22
A-3, B-19, B-22

B-3,B-12,B-13,B-17,B-21
A-5,B-3,B-10,B-12,B-19,
B-22

9
B-4, B-13.B-18,B-21,B-22
B-1
A-5, B-1
B-4,B-6
B4,B-9,B-13 B-18,B-21,
B-23,C-1
C-2
C-1
A-3,B-4,B-13,B-21,B-24
C-1
B-12,B-16
B-21

212

Annexure III
[See para P.4A.5]
Additional List of OD prone industries as given in the Third Schedule to the ESI Act
Industrial process/substance

Acetaldehyde
Acetic acid mfr.
Aircraft piston engines
Alloys for cars, aircraft, etc.
Animal & vegetable matter
processing
Animal debris
Arc processes
Artificial silk
Asphalt
Barometers
Beryllium ceramics
Blast furnaces
Boilers
Bridge building
Butcheries, bone & bone
meal
Cadmium-nickel batteries
Carbon disulphide
Cardboard
Cardiovascular drugs mfr.
Celluloid
Chemical weapons
Chromium plating
Cotton, flax, linen
Detergents

Dry cell batteries

Fireworks
Glassware etching
High noise levels (in
textiles, engg.,boilers,
explosives, compressors
Hot furnaces
Hydrofluoric acid mfr.
Hydrogen sulphide
poisoning
Inks
Isocyanates & their
derivatives
Lasers
Leather (synthetic)
Methyl alcohol (methanol)
Mineral oils
Misc. industries, e.g.,
electroplating, engg.,

Description given in
IIIrd Schedule to the
ESI Act.
B-2,B-21
B-2
B-19
B-17
C-4
B-18
B-11
B-2,B-10, B-21
B-8
B-2
B-16
B-22
B-22
A-2
A-1
B-17
B-10
C-2
B-20
B-21
B-19
B-5
C-3
B-1,
B-3
B-12
B-1
B-19
B-14

Remarks

Asphyxiation by carbon monoxide

-do-

Widely used as industrial solvent.

Caused by phosphorus and its

compounds
Caused by Benzene and its homologues.

May result in hearing-impairment

B-11
B-19
B-22
A-3
B-22
B-11
B-21
B-21
B-8
B-13

213

leather, metals, paint,

pharmaceuticals, plastics,
printing, rubber, textile
Misc. physical, chemical,
biological agents, e.g.,
sunlight, ultra-violet rays,
X-rays.
Molten glass
Molten metals
Nickel plating
Nitric acid mfr.
Paper
Phenol mfr.
Perfumes
Porcelain, pottery
Potash permanganate
Printing presses
Radioactive materials
manufacture (X-ray plates)
Rayon bleaching
Refineries
Refractory bricks
Rust proofing of metals
Safety matches
Slate pencils
Solvents
Storage batteries
Textile dyeing & bleaching
Textiles
Thermometers
Tunneling under water
Urea
Waxes (as solvents)
X-ray clinics
X-ray tubes

B-13

B-11
B-11
B-17
A-4
C-2
B-3
B-21
C-1
B-12
A-3
B-7
A-4
A-3
B-5
B-1
B-1
C-1
B-21
A-3
B-12
C-3
B-2
A-2
B-22
B-21
B-7
B-2

214

Annexure IV
[See para P.4A.10(1)]

FORM 12A

EMPLOYEES STATE INSURANCE CORPORATION

Report from employer in respect of an occupational disease (Reg. 68)
1.

Name of the employer

2.

Code No..

3.
4.
5.

(a)

Name of insured person .. (b) Ins. No..

Address of the insured person

(a)

Age (last birthday).. (b) Sex

(c)

Occupation of IP... (d) Branch Office to which attached

6.

Name of occupational disease or its nature..

7.

Date of commencement of the occupational disease.

8.

Date of employment of insured person in the factory/establishment .....

9.

Specific employment in which employed and its nature..

10.

Date from which the insured person was continuously working in the employment at 9 above which
caused the occupational disease..

11.

The exact period of continuous employment as at 10 above before the commencement of spell of
occupational disease..

12.

Date of issue of medical certificate in r/o occupational disease

13.

Name of the disease given on the medical certificate..

14.

i)
ii)

Whether the insured person has abstained from work, if so, from what date..........
Has he returned to work, if so, from what date...................................................

(b)

(a) Hospital/dispensary/panel doctor from whom or where the insured person received or is
receiving treatment.
Name of the dispensary/panel doctor elected by the insured person ..............

15.

16.

Has the insured person died b) If so, date of death

I certify that, to the best of my knowledge and belief, the above particulars are correct in every
respect.
Employers name, address and code number

Signature
Designation
(Rubber stamp)

Date of despatch of report..

215

Annexure V
[See para P.4A.10(4)]

ESIC 25A

EMPLOYEES STATE INSURANCE CORPORATION

Employment injury report in respect of occupational disease

Name of the Branch Office.. Branch

Office
Name and designation of the investigating official..Stamp
PARTICULARS OF THE EMPLOYEE

1.

Name2. Sex3. Ins. No.

4.

Age..5. Fathers/Husbands name.

PARTICULARS OF EMPLOYER

6.

Name of factory/establishment 7. Code No

8.

Address

10. Department & shift hours of the employee....

PARTICULARS AS REPORTED BY THE EMPLOYER

11. Name of the occupational disease or its nature:

12. Date of commencement of occupational disease...

13. Date of employment of insured person in factory

a)

Specific employment/process on which employed:

b) Nature of the employment:

14. Date from which the insured person was continuously working in employment at 13(a) above which
caused occupational disease....
15. Date and time of receipt of intimation
(i)

by the Branch Office..

(ii)

by the investigating official

16. Date and time of the visit.

216

FINDINGS OF THE OFFICIAL

17. Are the particulars in 11 to 14 above as reported
by the employer fully corroborated by the
evidence? If not, statement of facts as found by
the official.
18. Is there any evidence showing that occupational
disease is not an employment injury.
19. Date from which the insured person is suffering
from occupational disease. Details of medical
certificates or any other document should be
given whereby the facts of the occupational
disease are known.
20. Nature of ailment and the Part of the Third
Schedule in which it is included.
21. Name of the occupational disease:(a) as per the employers record.
(b) as per the records of the Branch Office.
22. (a) State the Part in which his disease is listed
under the Third Schedule to the Act.
(b) If the insured person has contracted a disease
listed in Part A of the Third Schedule,
whether he was actually employed on the
work specified against that particular disease.
If so, since when?
(c) If the insured person has contracted a disease
as listed in Part B of the Third Schedule to
the Act, whether he was employed for a
continuous period of not less than six months
prior to the date of contracting the disease,
i.e., before the issue of certificate with the
diagnosis of the occupational disease.
(Please give dates).
(d) Has the insured person contracted any
disease specified in Part C of the Third
Schedule to the Act? If so, the total service
with dates with one or more employers in the
employment specified against such a disease
for such a continuous period as the
Corporation may have specified for such
employment. (See paragraph L.4A.6). Give
details.

(e) If the IP suffering from OD included in Part

C had not served for the minimum period

217

prescribed against the particular disease,

recommendation of investigating official as
to whether the case should be admitted as
employment injury in the light of Para
L.4A.9. (Please give reasons for your answer)
(f) Statements of witnesses in support of (b), (c)
and (d) above (to be enclosed).
23. Persons interviewed :Deptt./Shift
Sl.
No.

Name

Residential address

Whether
employment
particulars confirmed

1.
2.
3.
4.

24. Whether as per the attendance register,

the insured person has been abstaining
from work; if so from what date?
25. Has the insured person returned to work;
if so, on what date?
Note: Additional remarks, if any, may be given below or on a separate sheet attached to this statement over
the signature of the investigating official.

Signature of the investigating official

218

ANNEXURE-VI
FORM BI. 8

[See para P.4A.12]

EMPLOYEES STATE INSURANCE CORPORATION
Report For Information of Special Medical Board
For the Special Medical Board meeting onOffice and
date of issue.
PART I (TO be completed by the R.O.)
NameInsurance No.
AgeSex.Father/Husbands Name...
Address..
Name of the employer at the time of diagnosis of OD......
Date of occurrence of OD .........
Date of first certificate by the IMO
PART II (TO be completed by the IMO)
Nature of diseases, its type and extent

....
Period of continuous treatment including }
Form.. To
Treatment at the hospital: if any.
Brief history of the treatment given...
Any special investigation carried our, e.g.
X-ray,
pathological test,
specialist
opinion
etc.

(if so original copies of reports should be

attached
...
Date
X-ray/USG/Scan No. Report
Remarks

The present condition of the insured person..

Is there any coexisting condition, (e.g. any old congenital or acquired deformity) give
details.
Any other relevant information..
Date

Signature.

Rubber stamp and name in block letter

To
The Chairman,
Special Medical Board.

219

CONFIDENTIAL
ANNEXURE-VII

FORM BI. 9
[See para P.4A.12]
EMPLOYEES STATE INSURANCE CORPORATION
(Regulation 74)

Special Medical Board Report Form

Office and Date of issue

DISABLEMENT BENEFIT
SPECIAL MEDICAL BOARD REPORT
________________________________________________________________________
PART I-PARTICULARS OF CLAIMANT
Name.Sex...
Address......

Identification Marks: 1. ...

2. ...
Insurance No.

Occupation..Age.
Description in details..

Date of occurrence and nature of diseases..

..
Period of incapacity...
Nature of incapacity leading to temporary disablement benefit ...

Diagnosis of any other Occupational disease

Assessment in percentage of loss of earning capacity....
Other relevant information.

Date
Signature

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To be completed by Regional Office

PART II-CLAIMANTS STATEMENT TO SPECIAL MEDICAL BOARD
The Statement should be as nearly as possible in the claimants own words and the
whole record read out to him for agreement and signature below:I agree that the above is a correct record of my statement.
Date:
Signature..
________________________________________________________________________
PART III-REPORT OF SPECIAL MEDICAL BOARD
1
2

Are you satisfied that the person before you is the person referred to at the Part I on
Page I ?................................................................................................................
General Examination
Weight Height.. B.P. .
(state extent of clothing)
(state whether with boots)
TeethMucous Membrane...
Chest measurement Insp Cms. Exp...Cms.
In the space which follows, the condition of the various systems should be
described. The exact site, nature and extent of any disablement (whether resulting
from occupational disease or not) from which the claimant is suffering should be
noted in for as it has any effect on function as in locating a loss of faculty. If nothing
abnormal is detected in any or all of the following systems, enter N.A.D. against the
system.
a.
b.
c.
d.
e.
f.
g.

Respiratory system..
Alimentary system, Liver & Spleen
Cardio Vascular System.
Nervous system..
Locomotor system..
Haemopoietic system..
Skins

APPROPRIATE INVESTIGATIONS
a. Urine examination including special estimations
b. Blood/Serum examination including special estimations
c. Sputum examination
d. Saliva examination including special estimation
e. Bone marrow examination..
f.
Fundoscopic examination
g. Radiological examination.
Lungs.
Bones.
221

5
6
7

h. Biopsy Report.
i. Dermal tests
j. Other tests.investigations
General description of claimants condition.
Diagnosis.
Decision-when recording decision on the
disablement question the following questions
to be answered.
(1).
(2).

Is there ay appreciable disablement?

If the answer to (1) is in the affirmative.

(a)

Whether the disablement should continue to be

treated as temporary disablement and if so,
the next date the case should again be
referred to the Special Medical Board; or

(b)

Whether the disablement can be declared of a

permanent nature, if so.

i)
ii)

iii)

(Yes/No)

Whether the extent of loss of earning capacity can

be assessed provisionally or finally?
The assessment of the proportion of loss of
earning capacity whether provisional or final
for each part affected and total LEC:
In case of a provisional assessment the period
For which assessment should hold good.
* Delete whichever not applicable.

Remarks.
Place of Examination
Date.

Signature

.Chairman
.Member
..Member

When completed the report should kindly be returned to the Regional Office, Employees
State Insurance Corporation at .

222

ANNEXURE-VIII
FORM BI.10
[See para P.4A.12]
EMPLOYEES STATE INSURANCE CORPORATION
(Regulation 74)
DICISION OF SPECIAL MEDICAL BOARD
Insurance No.

Date:

The Special Medical Board which examined the Insured Person

Onhad decided that:*(1)

there is no appropriate disablement

*(2)

the disablement should continue to be treated as temporary and the

next date when the case should be referred to the Special Medical Board is:

Or

Or
*(3)

the disablement can be declared to be a permanent nature and

i the extent of loss of earning capacity can be assessed
provisionally or finally;
ii the assessment of the proportion of loss of earning capacity
whether provisional of final; and
iii in case of provisional assessment, period for which it shall
hold good.

The findings of the Special Medical Board are summarized as follows:The decision of the Special Medical Board was not unanimous.
The recorded reasons for the dissent are:-

Signature
Chairman, Medical Board.

223

Forwarded through Regional Office to

Shri

* 1.

If dissatisfied with the decision of Special Medical Board you may appeal to
i)
The Medical Appeal Tribunal E.I. Court and give notice of appeal to your
Regional Office within the prescribed period of communication of the
decision on a form to be obtained from the Regional Office and
ii)
to the E.I. Court directly or against the decision of the Medical Appeal
Tribunal by preferring appeal with the E.I.Court on the form prescribed in
the E.I. court rules within the specified period from the date of
communication of decision of Special Medical Board/Medical Appeal
Tribunal as the case may be. In the meantime you may claim benefit at the
above rate. This is without prejudice to your right to claim benefit at a higher
rate that may be awarded to you on appeal.

2.

The decision of the Special Medical Board is not acceptable to the

Corporation and a notice of appeal is being given to you separately. All the
same you are entitled to claim the benefit at the above rate. This will
however, be an interim payment subject to adjustment on the basis of award
that may finally be made on appeal.

(Delete note (1) or (2) as appropriate)

Dated:

REGIONAL DIRECTOR

224