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ARMED FORCES (AMENDMENT) REGULATIONS, 1992 (LI 1546)

IN exercise of the powers conferred on the Provisional National Defence Council by section 26 (6) of the Provisional National Defence Council (Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (P.N.D.C.L. 42) these Regulations are made this 13th day of May, 1992.

Regulation 1—

The Armed Forces Regulations, 1970 (C.I. 12) as amended are hereby further amended as follows—

by the insertion of the following Chapter 211 immediately following Chapter 210 of the Armed Forces Regulations, 1970 (C.I. 12)—

CHAPTER 211

COMPENSATION FOR DEATH, INJURY OR DISEASE DURING SERVICE WITH THE ARMED FORCES

211.01—Interpretation

In this Chapter unless the context otherwise requires—

"Board" means the Armed Forces Pension Assessment

Board established under Article 206.16;

"dependant child" means a child as defined in Article 206.92 of Chapter 206 who is unmarried;

"dependent parent" means a parent who has depended on the deceased serviceman for at least half of his financial support at the time of death of the deceased serviceman;

"former member" means former member of the armed forces;

"military service" includes service operations outside Ghana, service operations in Ghana and peace-time service;

"Ministry" means Ministry of Defence;

"officer or man" includes the personal representative of the deceased officer or man;

"Secretary" means the Secretary responsible for Defence.

211.02—Conditions of Award

(1) No compensation shall be paid by the Ministry for death, injury or disease unless the Ministry accepts that the death, injury or disease of an officer or man is due to or has been aggravated by military service;

(2) No compensation shall be paid to an officer or man or his state where the death, injury or disease has been caused by—

(a) his wilful misconduct; or

(b) his wilful intent to bring about his death, injury or disease.

(3) Death, injury or disease of an officer or man shall be attributed to military service when the death, injury or disease has resulted—

(a) as a natural consequence of the performance of an official function as a member of the armed forces;

(b) from an accident sustained by an officer or man at his place of work if his presence there is connected with his official function as a member of the armed forces;

(c) from an accident sustained by an officer or man whilst serving as a member of the armed forces enroute to or from his residence to a place where his presence is required for the performance of an official function as a member of the armed forces;

(d) from the presence of an officer or man in an area where special hazards to the health or security of the officer or man exist and the presence of the officer or man at that place is required for the performance of his official function as a member of the armed forces; or

(e) from transportation provided by or at the expense or direction of the armed forces in connection with this performance of an official function by the officer or man.

(4) A subordinate officer or recruit shall be deemed to be an officer or man for purpose of a claim for compensation for death, injury or disease.

(5) A potential armed forces recruit who is enroute to or from his residence to a place where his presence is required as part of the recruitment process in military service shall be deemed to have been enrolled or recruited immediately before his death, injury or disease.

(6) If a person who is a reserve dies or sustains injury or disease from an accident when reporting to or returning from active duty, the death, injury or disease shall be attributed to military service as if he was on the active list at the time of the accident.

(7) Compensation payable under these regulations is in full satisfaction of any claim to which an officer, man or his estate may be entitled to under any law or regulation except that no compensation paid under these regulations shall prevent the further payment to the officer or man of an award of gratuity, terminal benefits on retired pay under Chapter 206 of the Armed Forces Regulations.

(8) Notwithstanding the provisions under chapter 206 of the Armed Forces Regulations or retired pay, an officer or man who suffers a permanent total incapacity or a disability specified to be 100 per centum under the tables to Articles 211.07 or 211.08 shall be retired on full pay if the incapacity or disability is accepted by the Ministry to be due to or aggravated by military service.

(9) Provisions relating to any amount payable—

(a) to an invalided officer under article 206.34 on invaliding; and

(b) to an invalided man under article 206.79 on invaliding shall apply subject to the provisions of this Chapter.

211.03—Claims Against Parties

(1) The Ministry may require that an officer or man assign to the Ministry his right of action against a third party to pay damages for death, injury or disease as a condition to a grant of compensation, or may require that the officer or man join the Ministry to prosecute the action.

(2) Where sub-regulation (1) becomes applicable, the officer or man shall—

(a) furnish the Ministry with the necessary evidence to prosecute the action and shall assist generally in the prosecution of the action; and

(b) not settle a claim or action against a third party without the consent of the Secretary, but the Secretary may settle or require the officer or man to settle a claim or action against a third party upon such terms as he considers reasonable.

(3) When an officer or man on his own or jointly with the ministry settles a claim against a third party, the proceeds shall be used-

(a) to defray the costs of the suit or settlement including reasonable legal fees; and

(b) to reimburse the Ministry (for any compensation including expenses) for the funeral and medical expenses paid by the Ministry for the death, injury or disease of the officer or man, the balance shall be paid to the estate of the officer or man and the Minitry's liability shall be reduced accordingly.

211.04—Non-Assignability.

A person who may be entitled to compensation under these regulations shall not assign his right to another person.

211.05—Compensation for Death

Where the death of an officer or man or a former member of the armed forces has occurred due to military service, the Ministry shall be responsible for—

(a) the preparation of the remains and all reasonable funeral expenses of the deceased;

(b) transportation expenses where transportation is not provided by the armed forces; and

(c) all reasonable medical, hospital and directly related expenses incurred by the officer or man or his personal representative for the death of the officer or man.

211.06—Survivors Benefit

(1) Where the death of an officer or man is due to military service, the amount of compensation payable by the Ministry shall be a sum equal to sixty months earnings.

(2) Where the deceased made a nomination in accordance with the Armed Forces (Special Provisions) Act 1964, (Act 234) the compensation payable shall be considered as forming part of his service estate.

(3) If the deceased failed to make a nomination in accordance with the Act or made a nomination but failed to provide for a spouse, dependent child or parent, the compensation payable shall be distributed in accordance with the guidelines set out in the Intestate Succession Law, 1985 (P.N.D.C.L. 111).

211.07—Compensation for Injury

(1) Where permanent total incapacity results from an injury in military service, the Ministry shall provide the officer or man compensation equal to ninety-six months earnings.

(2) If it is accepted that an injury to an officer or man which results in disablement is due to or has been aggravated by military service, the Ministry shall provide the officer or man with the necessary medical service or pay all reasonable medical, hospital and directly related expenses incurred by him.

(3) Where the injury results in permanent total disability, the amount of compensation shall be—

(a) in the case of an injury specified in the table under this article, a percentage of the compensation which would have been paid for permanent total disability in the table which is the percentage of loss of earning ability caused by the injury; and

(b) in the case of an injury not specified in the table under this article, compensation which would have been paid for permanent total disability proportionate to the loss of earning ability caused by the injury.

(4) Where more injuries than one are caused by the same accident, the amount of compensation paid under the provision of this article shall be aggregated but shall not exceed the amount which would have been paid if permanent total disability had resulted from the injuries.

TABLE TO ARTICLE 211.07

211.07—Injury

Injury Percentage of

Disability

Loss of two limbs . . . . . . . . . . . . 100

Loss of both hands or of all fingers and thumbs. . . . . . 100

Loss of both feet . . . . . . . . . . . . 100

Total loss of sight . . . . . . . . . . . . 100

Total paralysis . . . . . . . . . . . . 100

Injuries which result inpermanent confinement to bed . . . . 100

Any other injury causing permanent total disablement . . . . 100

Loss of arm at shoulder . . . . . . . . . . 80

Loss of arm between elbow and shoulder . . . . . . 70

Loss of arm at elbow. . . . . . . . . . . . 70

Loss of arm between wrist and elbow. . . . . . . . 70

Loss of arm at wrist . . . . . . . . . . . . 70

Loss of four fingers and thumb of one hand 50

Loss of four fingers of one hand . . . . . . . . 50

Loss of thumb—both phalanges . . . . . . . . 35

Loss of thumb one phalanx . . . . . . . . . . 10

Loss of index finger—three phalanges . . . . . . . . 15

Loss of index finger—two phalanges . . . . . . . . 10

Loss of index finger—one phalanx . . . . . . . . 6

Loss of middle finger—three phalanges. . . . . . . . 10

Loss of middle finger—two phalanges . . . . . . . . 6

Loss of middle finger—one phalanx . . . . . . . . 4

Loss of ring finger—three phalanges . . . . . . . . 6

Loss of ring finger—two phalanges . . . . . . . . 5

Loss of ring finger—one phalanx . . . . . . . . 3

Loss of little finger—three phalanges . . . . . . . . 5

Loss of little finger—two phalanges . . . . . . . . 4

Loss of little finger—one phalanx . . . . . . . . 3

Loss of metacarpal—first or second (additional). . . . . . 4

Loss of metacarpal—third, fourth or fifth (additional) . . . . 4

Loss of leg—at or above knee . . . . . . . . . . 75

Loss of leg—below knee . . . . . . . . . . 60

Loss of foot. . . . . . . . . . . . . . 40

Loss of toes—all or one foot. . . . . . . . . . 20

Loss of toe—great both phalanges . . . . . . . . 10

Loss of toe—great one phalanx . . . . . . . . 3

Loss of toe other than great . . . . . . . . . . 2

Loss of sight in one eye . . . . . . . . . . 40

Loss of hearing in one ear . . . . . . . . . . 15

Loss of remaining eye by one-eyed workman . . . . . . 100

Total loss of hearing. . . . . . . . . . . . 100

Loss of remaining arm by one-legged workman . . . . . . 100

Loss of remaining arm by one-armed workman . . . . . . 100

Loss of mental capacity . . . . . . . . . . 100

Loss of upper or lower central incisor . . . . . . . . 3

Loss of upper or lower lateral incisor . . . . . . . . 2

Loss of upper or lower canine . . . . . . . . 2

Loss of one posterior tooth, premolar or molar . . . . . . 1

Fracture of upper or lower jaw. . . . . . . . . . 25

211.08—Compensation for Disfiguring Injury.

(1) The Ministry shall pay compensation for personal injury to an officer or man for an accident due to military service if the personal injury is of a description specified in an entry in column 1 of the table to this article and the compensation shall not exceed the percentage of the compensation payable in the case of permanent total disability as specified in the corresponding entry in column 2 of the table.

(2) The compensation payable under paragraph (1) of this article shall be irrespective of whether or not compensation is payable under another provision of this article; except that any mutilation in respect of which compensation is provided in the table of Article 211.07 shall not rank as disfigurement in the table to this article.

(3) Where more than one injury is caused by the same accident, the amount of compensation payable under this Article shall be aggregated, but the amount of compensation payable shall not exceed the amount which would have been paid if permanent total disability had resulted from the injuries.

TABLE TO ARTICLE 211.08

COMPENSATION FOR DISFIGURING INJURY

(1) Mutilation or amputation of one ear .. .. .. .. .. .. .. ..15

(2) Deformity of the hand through the loss of all the three phalanges

of a finger and the metacarpal of the hand .. .. .. .. .. .. 20

(3) Mutilation or amputation of the nose .. .. .. .. .. .. .. .. 30

(4) Conspicuous deformity of face generally; .. .. .. .. .. .. .. 50

(5) Conspicuous deformity of external appearance generally,

other than face .. .. .. .. .. .. .. .. .. .. .. .. 40

(6) Functional loss of genital organs .. .. .. .. .. .. .. .. 85

211.09—Occupational Diseases

(1) The Ministry may extend the provision of this Chapter to disablement or death from disease by published instructions for the guidance of the armed forces.

(2) The disablement or death shall be certified to have been caused by a disease in the published instructions and shall—

(a) be due to the performance of duty in military service; and

(b) have been contracted within a period of twelve months before the date of the officer or man's disablement.

(3) The Ministry may specify in the instructions made under this article that a disease has arisen in the cause of duty if the officer or man who contracts the disease was engaged in the process specified in the instructions in relation to the disease twelve months before the disablement or death of the officer or man.

(4) No compensation shall be paid under the provisions of this article for disablement or death of an officer or man if the disablement begins or the death occurs more than twelve months after the officer ceased to be a member of the armed forces.

(5) If the incubation period of a disease is more than twelve months, the incubation period shall be taken into account when computing the compensation except where the death of the officer or man has been preceded by a period of disablement from the disease which caused the death for which compensation is being claimed.

211.10—International Claims

(1) The Ministry may claim compensation from an international body or organisation where death, injury or disease for which compensation may be paid occurs while an officer or man is in the service of or on secondment to an international body or organisation.

(2) The compensation shall be based on the rates of allowance approved by the international body or organisation for the officer or man.

(3) The Ministry shall pay compensation to the officer, man or his beneficiary based on the local earnings in Ghana of the officer or man.

211.11—Reporting of Death, Injury or Disease

(1) Death, injury or disease due to military service shall be reported immediately to the general headquarters of the armed forces and either to the Military Hospital or to the local medical reception station.

(2) Where a fatal or other serious accident has occurred, the Commanding Officer of the victim shall set up a board of inquiry to investigate and report on the accident and give details of the—

(a) date, time and place of the accident;

(b) names of all the people present at the accident;

(d) statement of witnesses;

(e) medical report;

(f) names of all people injured distinguishing between military and other personnel; and

(g) pending proceedings or actual findings of a civil court.

(3) The report of the board of inquiry and the comments of the Commanding Officer shall be forwarded to the Board through the general headquarters of the armed forces.

211.12—Armed Forces Pension Assessment Board

(1) The Armed Forces Pension and Assessment Board established under Article 206.16 (referred to as the Board) shall have the additional function to make recommendations for compensation under these regulations to the Secretary through the Chief of Defence Staff.

(2) The Board may be consulted by the Secretary on any matter connected with the implementation and administration of these regulations

(3) The Board may require—

(a) a claimant;

(b) another person claiming on behalf of the claimant; and

to appear before the Board or produce such documentary or medical evidence as the Board may require in support of the claim for the purpose of advising the Secretary.

(4) The failure by a claimant; another person claiming on behalf of the claimant or a medical officer involved in the claim to produce the evidence required by the Board may bar the payment of compensation to the claimant or his representative.

(5) The Board may make arrangements for a medical board to be consulted on the medical aspects of a claim.

(6) A claim for compensation shall be submitted to the Commanding Officer of the affected officer or man in the form prescribed in the table to this article and the Commanding Officer shall forward it to the general headquarters of the armed forces.

TABLE OF ARTICLE 211.12

APPLICATION FOR COMPENSATION FOR DEATH, INJURY OR DISEASE DUE TO SERVICE WITH THE ARMED FORCES

1. I hereby apply for compensation for (death, injury or disease) under the terms of Ministry of Defence Instructions issue Number ......................... Serial........................... of ..........................................199.....................................................................................

( Delate if not applicable)

2. 1 am a spouse, child, parent or the customary representative of the late.

No................................................................... Rank..........................................................

Name...................................................................................................................................

Late of Unit..........................................................................................................................

(Delete if not applicable)

3. I assign my right to enforce this claim against the tortfeasor to the Ministry of Defence and no other person shall have the right to pursue this claim.

4. I understand and agree to offer any assistance which may be requested by the Ministry of Defence for the pursuance of this claim and I shall have no right of indemnity or damages against the Ministry or any officer or man for loss or damage which I may suffer as a consequence of negligence or breach of contract in or arising out of the enforcement of this claim.

5. Give brief facts of the case:............................................................................................

............................................................................................................................................

Date...................................................... .............................................

(Signature of Applicant)

COMMANDING OFFICERS COMMENTS

................................................................................................................................................

Date.......................................................... .......................................

Signature of C.O.

211.13—Modification

The provisions of Chapter 206 on pensions, retirement, transfer to reserves and relinquishment of commission shall apply subject to the provisions of Chapter 211 on compensation for death, injury or disease during service with the armed forces.

211.14—Commencement Date

This chapter shall be deemed to have come into force on the 31st December, 1981.

FLT.-L T. JERRY JOHN RAWLING

Chairman of the Provisional National Defence Council

Date of Gazette Notification: 18th December, 1992.