Thank you for publishing the review by Dr. Sanjay Nagral of the book on assessment of disabilities. (1)
Dr. Nagral has raised a doubt on the legality of assessment of disablement as per the criteria given in this book. The Workmen’s Compensation Act of 1923, in its section 4-1-C-(ii), has clearly explained that the disabilities not covered by Schedule I given in the Act are to be considered as per the assessment of the doctor.
Schedule I covers amputations, disablements due to total deafness and so on. It does not cover disablements due to other diseases or orthopaedic complications which are not amputations. For such disablements, section 4-1-C (ii) clearly states that the doctor’s assessment is legally valid
The explanation provided for this section further states that while assessing disablement not given in Schedule I, qualified medical practitioners should have due regard for Schedule I. This is understandable.
Total amputation of the thumb warrants 30% disability in Schedule I. In case of deformity of the thumb following an accident, the assessing doctor will have to bear in mind this limit of 30% for total amputation. If deformity is associated with loss of strength, restriction of movement or other factors that make the thumb useless, a maximum disability of 30% can be granted. As long as Schedule I is respected and as long as there is a rational basis for assessing disability, legality is not in doubt. In the book under review, we have discussed Schedule I and have tried to provide a rational basis for assessment.
Vijay Kanhere, Mumbai