S.L. 111.1 Art. 5Ascertainment of degree of disablement.

(1) The degree of disablement caused to a person by one or more qualifying injuries shall be assessed and certified in accordance with the following provisions of this article by a medical officer or board of medical officers appointed or recognised by the Committee with the approval of the President of Malta.

(2) The degree of disablement caused to a person by a qualifying injury or by any two or more qualifying injuries shall be assessed by making a comparison between the condition of disablement which has been caused to that person by that injury or by the combined effect of those injuries and the condition of a normal healthy person of the same age and sex without taking into account the earning capacity of the disabled person in his own or in any other specific trade or occupation, and so that the extent to which that condition of disablement has been aggravated by individual factors or extraneous circumstances shall not be included in the degree at which that disablement is assessed.

(3) Where a person whose degree of disablement falls to be assessed has been awarded a pension or other grant payable out of public funds (not being a pension awarded under this Scheme) in respect of another disablement suffered by him, that degree of disablement shall he assessed in accordance with any direction which may be given by the Committee for the purpose of securing that in the assessment thereof account shall be taken of that other disablement in such manner and to such extent as may be specified in the direction.

(4) The degree of disablement assessed under this article shall be certified by way of a percentage, total disablement being represented by one hundred per cent, and a lesser degree of disablement being represented by such lesser percentage as, being a multiple of ten, bears to one hundred per cent the same proportion as that lesser degree of disablement bears to total disablement.