Section 55:
Review of decisions by medical board or medical appeal tribunal.
1[55. Review of decisions by medical board or medical appeal tribunal.--(1) Any decision under
this Act of a medical board or a medical appeal tribunal may be reviewed at any time by the medical
board or the medical appeal tribunal, as the case may be, if it is satisfied by fresh evidence that the
decision was given in consequence of the non-disclosure or misrepresentation by the employee or any
other person of a material fact (whether the non-disclosure or misrepresentation was or was not
fraudulent).
(2) Any assessment of the extent of the disablement resulting from the relevant employment injury
may also be reviewed by a medical board, if it is satisified that since the making of the assessment there
has been a substantial and unforeseen aggravation of the results of the relevant injury:
Provided that an assessment shall not be reviewed under this sub-section unless the medical board is
of opinion that having regard to the period taken into account by the assessment and the probable duration
of the aggravation aforesaid, substantial injustice will be done by not reviewing it.
(3) Except with the leave of a medical appeal tribunal, an assessment shall not be reviewed under
sub-section (2) on any application made less than five years, or in the case of a provisional assessment,
six months, from the date thereof and on such a review the period to be taken into account by any revised
assessment shall not include any period before the date of the application.
(4) Subject to the foregoing provisions of this section, a medical board day deal with a case of review
in any manner in which it could deal with it on an original reference to it, and in particular may make a
provisional assessment notwithstanding that the assessment under review was final; and the provisions of
section 54A shall apply to an application for review under this section and to a decision of a medical
board in connection with such application as they apply to a case for disablement benefit under that
section and to a decision of the medical board in connection with such case.]
Notes:
1. Subs. by Act 44 of 1966, s. 27, for section 55 (w.e.f. 28-1-1968).